The Supreme Court declined to intervene in a plea raising concerns about mercury leakage from incinerated waste linked to the Bhopal gas tragedy. The court asked the petitioner organisation to approach the Madhya Pradesh High Court, which has been monitoring the case for decades.
The Supreme Court of India on Monday declined to interfere with a petition that raised concerns about possible contamination of land and groundwater due to mercury leakage from incinerated waste connected to the Bhopal Gas Tragedy.
However, the top court advised the victims’ organisation, Bhopal Gas Peedith Sangharsh Sahyog Samiti, to approach the Madhya Pradesh High Court, which has been monitoring issues related to rehabilitation, environmental safety, and the aftermath of the disaster for more than three decades.
A bench comprising Justice Surya Kant and Justice Joymalya Bagchi considered the submissions made by senior advocate Anand Grover, who appeared on behalf of the victims’ association.
The bench observed that the Madhya Pradesh High Court is already dealing with the larger issues arising from the disaster and said that it would be appropriate for the petitioner to raise the matter there. The court also noted that the high court could examine the issue in detail and deal with the plea expeditiously.
The Bhopal Gas Tragedy remains one of the worst industrial disasters in history. In December 1984, more than 40 tonnes of toxic methyl isocyanate gas leaked from the pesticide plant operated by Union Carbide Corporation in Bhopal. The disaster led to the death of more than 15,000 people and exposed millions of residents to poisonous gas, causing long-term health problems and environmental damage.
In the present case, the petitioner organisation raised concerns about the disposal of hazardous waste from the former Union Carbide plant site. According to the organisation, the waste was incinerated and later stored in a concrete structure. The petitioners argued that mercury present in the incinerated waste could gradually seep into the surrounding soil and groundwater, posing a serious risk to public health and the environment.
During the hearing, senior advocate Anand Grover questioned the findings of authorities who had reportedly concluded that no mercury was detected in the treated waste.
Expressing doubts about the reliability of the testing process and the disposal method, he told the court,
“With all the incineration, they now say they have detected no mercury at all. After all that, it is all dumped in a concrete block. Mercury will leach out now. If there is no order to open it up and test, the exercise is futile,”.
Responding to these concerns, Justice Joymalya Bagchi pointed out that trial runs conducted by the oversight committee had reportedly found no signs of any harmful material leaking from the disposal structure. Addressing the arguments about the testing methodology, he said,
“They say trial runs show that there is no leeching of material. You say the methodology adopted by the oversight committee is faulty. Now we are not experts. You need to tell them,”.
The judge further observed that authorities had indicated they would take additional safety measures if any leakage was detected in the future. According to the information placed before the court, the structure containing the waste could be further reinforced and sealed if required to prevent environmental damage.
The bench also expressed caution about taking steps that might unintentionally create a greater risk of contamination. The judges noted that opening or disturbing the structure merely to verify the presence of mercury could itself lead to environmental harm.
During the proceedings, the Chief Justice also referred to a report prepared by Dr Asif Qureshi from the Indian Institute of Technology Hyderabad. The report suggested that mercury present in the incinerated waste might create a contamination risk around the disposal site.
After considering the arguments and the available material, the Supreme Court concluded that there was no reason to interfere with the order passed by the Madhya Pradesh High Court on December 10, 2025. The bench emphasized that the High Court was already monitoring matters related to the Bhopal gas disaster and was the appropriate forum to examine any new concerns supported by scientific evidence.
In its order, the court stated,
“The petitioner relying upon the report of Dr Asif Qureshi of the IIT Hyderabad states that since a huge amount of mercury is there in the incinerated material there is a risk of contamination around the site of disposal.
“Since all possible precautions were taken, we see no reason to interfere with the division bench order of December 10, 2025. The appropriate recourse would be to move the high court along with supporting material showing apprehension for leakage in the future. We request the high court to consider the application on merits and pass such orders as may be required in larger public interest,”.
With this observation, the Supreme Court disposed of the plea while leaving the door open for the victims’ association to approach the Madhya Pradesh High Court with further evidence or scientific material if concerns about possible future contamination persist.
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