The Union Carbide Corporation (UCC) on January 10 said it is not willing to pay a “farthing” more if a settlement with the Centre in 1989 is set aside by the Supreme Court even as a Constitution Bench asked the government why ₹50 crore of the $470 million paid by the company has still not reached the Bhopal gas leak tragedy victims after all these years.
The Centre, in a curative plea, has contended that the 1989 settlement is seriously impaired. It has sought additional funds of over ₹7,400 crore from the pesticide company. The government said there is fresh data of more human suffering caused by the incident.
“My client is not willing to pay a farthing more. They say this is what they settled for, and if you (government) don’t want the settlement, let the law take its course. That is our submission,” senior advocate Harish Salve, for UCC, apprised the court.
Justice Sanjay Kishan Kaul, the lead judge on the five-member Bench, said the government was walking a “slippery slope” by seeking to “re-open” the settlement after over 30 years through a curative petition.
Attorney General R. Venkataramani, appearing for the Centre, said UCC’s position to pay or not was not the “final word”. The tragedy presented an extraordinary situation. The government was not looking to re-open the settlement but only wanted to “add” to it. “The settlement was not just,” he said.
“So why did you settle then? One of the parties to the settlement was the Union of India no less, not a weak party… Let’s say, on the other hand, a situation arises that the actual scenario is less horrific than made out to be… Can the other side (UCC) come out and say that an excess amount was paid in the settlement and they want the money back? Can we permit that?” Justice Kaul asked.
Justice A. S. Oka said a 1991 decision of the apex court, while refusing to re-open the settlement, had made it clear that it was the duty of the government to pay any additional compensation to the victims if there was a shortfall. “We were told that ₹50 crore of the settlement amount is lying undisbursed… Have you not exhausted the settlement amount? How is ₹50 crore lying undisbursed? This means that people are not getting the money… Are you responsible for the money not going to the people?” Justice Kaul asked the government side.
Venkataramani said the number of claimants among the victims had increased since 1991. The court had always “left open a considerable avenue for a re-look of the 1989 settlement” in all its past decisions in the Bhopal gas tragedy case.
“This is not a case of mere division of property in which somebody gets more or less. This concerns a settlement based on a tortuous claim,” Justice Kaul responded.
Salve countered the settlement was arrived at on the basis of a “consent decree” sourced from a suit. If the decree is set aside, the suit proceedings should be restored. The liability of UCC for the tragedy was never established. There was no “re-opener clause” in the settlement. More and more liability cannot be piled on to his client as and when fresh data was revealed. Fresh documents and material cannot be inserted into the court record in the limited jurisdiction of a curative petition.
“The fact is that there is a settlement. For me, this is not any extraordinary case. Today, I am not facing any judicial review. Now one party is coming in a curative saying I was hopelessly ill-informed at the time of the settlement, that too, in the highest court… The government is not opposing the settlement. They don’t want it to be set aside, yet they want to burden me with payment of an additional amount. I really don’t know under what jurisdiction they can do that?” Salve said.
The five-judge Bench highlighted that the government had opted to directly file a curative plea in December 2010 for enhancement of the “full and final” settlement amount paid by UCC without first seeking a review. The Supreme Court had consented to the settlement by means of a decree in February 1989. The court had even refused to re-open the settlement in an order in 1991.
The tragedy had unfolded in Bhopal (in the State of Madhya Pradesh) on the intervening night of December 2-3, 1984 when the highly dangerous and toxic gas, Methyl Isocynate (MIC), escaped from the Union Carbide India Limited (UCIL). It resulted in the death of 5,295 human beings, injuries to almost 5,68,292 persons besides loss of livestock and loss of property of almost 5,478 persons.
Supreme Court to hear plea on Joshimath sinking on January 16
The Supreme Court has agreed to hear a petition concerning the Joshimath “land-sinking” incident in Uttarakhand on January 16. A bench led by Chief Justice of India D.Y. Chandrachud said democratic institutions are taking care of the situation on the ground.
“Institutions are there which are taking care,” Chief Justice Chandrachud told advocate Parmeshwar Nath Mishra, who is appearing for the seer, during the oral mentioning hour.
Mishra had urged the court to hear the case urgently and out-of-turn, saying “people are suffering”. The petition wants the incident to be declared a national disaster while blaming large-scale industrialisation as a reason. It sought immediate financial assistance and compensation for the affected people. It also sought a direction to the National Disaster Management Authority to actively support the residents of Joshimath in this challenging time.
“No development is needed at the cost of human life and their ecosystem and if any such thing is to happen, then it is the duty of the State and Union Government to stop the same immediately at war level,” the plea said.
Joshimath, the gateway to famous pilgrimage sites like Badrinath and Hemkund Sahib and international skiing destination Auli, is reported to be sinking gradually with huge cracks developing in houses, roads and fields there.
Bomb threat | Flight from Moscow arrives in Goa 15 hours after emergency landing in Jamnagar
The Azur Air international flight from Moscow which made an emergency landing at Jamnagar airport in Gujarat following a bomb threat finally arrived at its destination Goa on January 10 afternoon, an official said.
The flight, carrying all the passengers and crew members, took off from the Jamnagar airport at around 1.20 p.m. on January 10, more than 15 hours after it made the emergency landing there. It landed at the Dabolim Airport in Goa at 2.39 p.m., a senior official from the airport said.
Earlier, the National Security Guard (NSG) found nothing suspicious onboard the Moscow-Goa chartered flight, which was diverted to Gujarat’s Jamnagar after Goa ATC followed an alleged bomb threat, Jamnagar Airport director informed.
Security forces carried out an intensive search of the passengers onboard the Moscow-Goa chartered flight. “NSG has not found anything suspicious. The flight is expected to leave from Jamnagar to Goa, sometime between 10.30 am and 11 am. All the cabin baggage has been thoroughly checked,” Jamnagar Airport Director said.
The Goa-bound international flight was diverted to Jamnagar, Gujarat on January 9 evening after the crew received clearance for an emergency landing at Jamnagar airport in the wake of an alleged bomb threat, informed airport authorities.
The security agencies had cordoned off the airport for 9 hours. A total of 236 passengers and eight crew members were on the flight .They said all passengers were safely evacuated and escorted to the lounge inside the terminal building.
The Russian Embassy issued a statement saying they were alerted by the Indian authorities about the alleged bomb scare on the Azur Air flight en route from Moscow to Goa. “The Embassy was alerted by Indian authorities about an alleged bomb scare on Azur Air flight from Moscow to Goa. The aircraft made an emergency landing at Jamnagar Indian Air Force Base. Everyone on board is safe; authorities conducting an inspection of the aircraft,” said the Russian Embassy in a statement.
Jamnagar District Collector Saurabh Parghi told ANI, “An intensive search was carried out by security agencies from 9.50 p.m. [on Jan. 9] till the morning hours,” he said, adding that security agencies were also verifying the passenger details.
“Checking is done through routine scanning of passengers. Non-stop work has been on for nine hours. The baggage was checked and details verified,” he said. “We received information about a bomb threat in the Moscow-Goa flight, which was diverted. The flight had 236 passengers and 8 crew members. All passengers were escorted out safely and are in the airport lounge. Bomb detection and disposal work are underway,” the Jamnagar District Collector had said earlier.
Chanda Kochhar, her husband Deepak Kochhar released from jail
Former ICICI Bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar were released from jail on January 10, 2023 morning, a day after the Bombay High Court granted them interim bail in a loan fraud case, a police official said.
Chanda Kochhar walked out of the Byculla women’s prison in Mumbai, while her husband was released from the Arthur Road jail, the official said. The CBI arrested Kochhars on December 23, 2022 in connection with the Videocon-ICICI Bank loan case.
The couple had filed petitions in the Bombay High Court challenging their arrest, terming it as illegal and arbitrary.
The HC on Monday granted them interim bail and came down heavily on the Central Bureau of Investigation (CBI) for making the arrest in a “casual and mechanical” manner and without application of mind.
The CBI named the Kochhars, Videocon group founder Venugopal Dhoot along with Nupower Renewables (NRL) — managed by Deepak Kochhar — Supreme Energy, Videocon International Electronics Ltd and Videocon Industries Ltd as accused in the FIR (first information report) linked to the case registered in 2019 under Indian Penal Code sections pertaining to criminal conspiracy and provisions of the Prevention of Corruption Act.
The central agency has alleged that ICICI Bank, headed by Chanda Kochhar from 2009 to 2018, sanctioned credit facilities to the tune of Rs 3,250 crore to these companies in violation of norms.
It further claimed that as a part of quid pro quo (Latin expression literally meaning “something for something”), Dhoot made an investment of ₹64 crore in Nupower Renewables through Supreme Energy Pvt Ltd (SEPL), and transferred SEPL to Pinnacle Energy Trust managed by Deepak Kochhar through a circuitous route between 2010 and 2012.
Mother, son die in accident at Namma Metro construction site in Bengaluru
Two persons died in an accident at a construction site of Namma Metro in Bengaluru on January 10 morning. According to the police, a woman and her child, who were on a scooter, died in a hospital while her husband and another child are being treated for injuries.
Bhimashankar Guled, DCP, East division, told The Hindu, “Today morning around 10.45 a.m., Namma Metro pillar collapsed and hit a bike on which four persons were travelling. They are Lohith, his wife Tejaswini and their twins (a son and a daughter). Tejaswini and son Vihan were seriously injured and shifted to a private hospital. Unfortunately, Tejaswini and Vihan died.”
Namma Metro pillar number 218 at Nagawara on the Outer Ring Road (ORR) collapsed in the morning. The incident led to a pile-up of vehicles on the busy Hennur Road.
Bangalore Metro Rail Corporation Limited (BMRCL) Managing Director Anjum Pervez announced compensation of ₹20 lakh for the family of the deceased. “BMRCL will cover the entire cost of treatment of the injured persons. The construction work at the site will stop for 2 days. What has fallen down is a reinforcement structure, not a pillar. It was not a concrete structure. It has four ropes, and one of them seems to have broken. We’re asking Indian Institute of Science (IISc) to provide a report on this incident. We will also get our internal team to investigate the matter. This is the first time something of this magnitude has happened.”
BMRCL in a media release said that notices are being issued to the contractor and the concerned engineers. Bengaluru city traffic police tweeted: “Metro pillar fell down in ORR near HBR Layout; traffic is congested at various junctions. Our traffic field officers were present and traffic will be cleared very soon.”
Traffic snarls were being reported on ORR after the accident. “At one point, as school buses hit the road, traffic had piled up until Ramamurthy Nagar,” said a local traffic police personnel.
After the incident, motorists complained of heavy traffic in and around Hennur, Kalyan Nagar, HBR Layout, Nagawara and surrounding areas. Karnataka Chief Minister Basavaraj Bommai has sought information from officials regarding the accident. He told reporters in Dharwad, “I have sought complete details from the officials concerned. We will soon announce compensation for the family of the victims.”
Karnataka Pradesh Congress Committee president D.K. Shivakumar said that this is the result of the 40% commission government in the State. “There is no quality in the work.”
A. Raja appears before Chennai special court in disproportionate assets case
Former Union Telecom Minister and sitting DMK MP A. Raja on January 10 appeared before a special court in Chennai, for allegedly amassing disproportionate wealth when he was a Minister. The court served copies of the charge-sheet and the first information report (FIR) to him.
The Central Bureau of Investigation (CBI) had registered a disproportionate assets case against the former Minister and 16 others, including his family members and associates, on August 18, 2015. The agency accused them of accumulating disproportionate assets to the tune of ₹27.92 crore. Based on preliminary investigations, the agency said the wealth was disproportionate to his known income sources during the check period of October 1999 to September 2010.
On completion of the investigation into the seven-year-old case, the CBI filed a charge-sheet against Raja and five others in a special court in Chennai recently. The final investigation report alleged that Raja had amassed wealth to the tune of ₹5.53 crore, disproportionate to his known sources of income. The court had issued a summons to the accused including Raja for personal appearances.
Following the summons, Raja and four others appeared before D. Sivakumar, Judge of the Special Court for cases relating to MPs and MLAs in Singaravelan Maligai. The Judge ordered the supply of copies of the charge-sheet and other documents relating to the case to Raja and the others. The case was adjourned to February 8 for further proceedings.
In Brief:
Demonstrators clash with security forces during a protest near the Juliaca airport, in Juliaca, Peru on January 9, 2023 demanding early elections and the release of jailed former President Pedro Castillo. | Photo Credit: Reuters
At least 17 people died on January 9 in southeast Peru as protests seeking immediate elections resumed in neglected rural areas of the country still loyal to ousted President Pedro Castillo. Peru’s top human rights agency called for an investigation into the deaths, 12 of which took place amid clashes between security forces and protesters attempting to seize control of an airport in the city of Juliaca, near the border with Bolivia. It was the highest death toll since the unrest began in early December following Castillo’s removal and arrest after a widely condemned attempt to dissolve Congress and head off his own impeachment.
Evening Wrap will return tomorrow.
