Supreme Court Shuts Door on Urgent Plea to Halt Bhopal Gas Waste Burning: “Very Sorry. We Will Not Entertain This”

The Supreme Court Today (June 4) declined an urgent plea to stop incineration of Bhopal gas tragedy waste, citing expert supervision. The Madhya Pradesh High Court had already approved its disposal at Pithampur under strict monitoring.

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Supreme Court Shuts Door on Urgent Plea to Halt Bhopal Gas Waste Burning: “Very Sorry. We Will Not Entertain This”

NEW DELHI: The Supreme Court of India today refused to urgently hear a petition against the order passed by the Madhya Pradesh High Court, which allowed the incineration (burning) of the toxic chemical waste lying for decades at the Union Carbide factory in Bhopal, where the 1984 Bhopal gas tragedy happened.

The burning of the waste is currently being done at a facility in Pithampur, Dhar district, Madhya Pradesh.

The Supreme Court said that a lot of time has already passed in trying to dispose of this dangerous waste and that the process is now taking place under the observation of expert agencies.

A social activist from Madhya Pradesh had approached the court with an urgent plea. He was challenging a March 27 order from the High Court that gave the state government 72 days to completely burn the toxic chemicals stored at the old Union Carbide site.

According to the activist, the deadline ends on June 8, and so the matter should be urgently heard before that.

However, a bench of Justices Sanjay Karol and Satish Chandra Sharma, who were hearing cases during the summer vacation of the court, refused to entertain the request for an urgent listing. The bench remarked:

“For how many years, we are fighting to get this waste removed but for all these years, these so-called NGOs and social activists… The high court is monitoring the matter, and under the supervision of experts, it (incineration) is being done.”

The activist told the bench that the matter is related to public health and must be taken seriously due to possible risks to people. But the court replied:

“You made this prayer before the MP high court. It was not entertained. Then you approached this court, it was not entertained. Now you want a stay in the vacation. Very sorry. We will not entertain this.”

The Bhopal gas tragedy, which took place on the night of December 2–3, 1984, involved a major leak of Methyl Isocyanate (MIC) gas from the Union Carbide India Limited (UCIL) factory. It is one of the world’s worst industrial disasters.

According to official figures, 5,295 people died, but activists claim that the real death toll is around 15,000, and many more still suffer from chronic illnesses caused by exposure to the toxic gas.

The Madhya Pradesh High Court’s March 27 order was passed based on a petition filed by the now-deceased Alok Pratap Singh, who had requested disposal of the hazardous waste at the factory.

The state government informed the court that the incineration would happen in three stages, in small amounts under expert supervision.

Supreme Court Shuts Door on Urgent Plea to Halt Bhopal Gas Waste Burning: “Very Sorry. We Will Not Entertain This”

The court noted that the process would begin within one week and be completed in 72 days.

Back in December 2024, the High Court had allowed trial runs for burning the waste at the Treatment, Storage, and Disposal Facility (TSDF) in Pithampur. The state began transferring 337 tonnes of chemical waste there on February 13.

But this move faced resistance from local NGOs and concerned individuals, who feared that burning the waste would harm public health and the environment. Some of them filed objections in court.

On February 27, the Supreme Court, led by Justice Bhushan R Gavai (at that time), heard one such objection and rejected the public health concerns. The bench mentioned that the process was being supervised by a panel of renowned scientific institutions, including:

  • Director of the National Environmental Engineering Research Institute (NEERI)
  • Director of the National Geophysical Research Institute (NGRI)
  • Representatives from the Central Pollution Control Board (CPCB)

The court had also asked the Madhya Pradesh government to explain the safety measures being taken to protect people living near the site.

The latest petition in the Supreme Court was filed by Chinmay Mishra, a resident of Indore, who warned that nearby villagers’ health is at serious risk.

According to his petition, Pithampur is just 30 km away from Indore, and the Gambhir River, which flows beside the incineration plant, is a source of water for Yashwant Sagar Dam.

This dam provides drinking water to 40% of Indore’s population, raising fears about contamination.

Click Here to Read Our Reports on CJI BR Gavai

Click Here to Read Our Reports on Bhopal Gas Tragedy

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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