Research › Browse › Judgment

Supreme Court of India · body

2006 DIGILAW 238 (SC)

Bhopal Gas Peedith Mahila U. Sangat v. U. O. I.

2006-02-28

B.N.SRIKRISHNA, LOKESHWAR SINGH PANTA

body2006
ORDER : Writ Petition (Civil) No(s). 50 of 1998 1. Heard Mr. S. Muralidhar, the learned counsel appearing for the petitioners, with regard to the response of the State Government to the points raised by the Monitoring Committee with regard to its working and the expedition of medical attendance and treatment to the gas victims. 2. After having heard the learned counsel, we are of the view that the Monitoring Committee should, through its Chairman, file an affidavit requiring time bound action to be taken on the part of the State Government on specific points. Once this is done, this Court will be able to give time bound directions to the State Government and ensure that the behemoth moves, at least, at a reasonable speed. A copy of this order be sent to the Chairman of the Monitoring Committee. 3. Adjourned by two weeks. IA No. 8/2005 in Writ petition (C) No. 50/1998 4. An interim order was passed on 25/02/2005 by which the State Government was restrained from implementing its proposal of merging the Bhopal Gas Tragedy Relief and Rehabilitation Department with its Public Health and Family Welfare Department and granting time to the State Government to file an affidavit to oppose this application, if so desired. 5. No affidavit has been filed in opposition till today. On the other hand, the learned counsel appearing for the State Government informs us that the State Government has no objection to the prayers made in the application being granted. 6. Consequently, we allow this application and restrain the Government of Madhya Pradesh from merging the Bhopal Gas Tragedy Relief & Rehabilitation Department with the Public Health & Family Welfare Department pursuant to the order of the Bhopal Gas Relief & Rehabilitation Department of the Government of Madhya Pradesh dated 02.02.2005. 7. This application is disposed of accordingly with no order as to costs. I.A. No. 48-49 in C.A. 3187-88/1988 8. Liberty to the applicant to file a compilation of all relevant previous orders/judgments which would be necessary to be perused for deciding these applications. Liberty to both the sides to file written submissions. 9. These applications be placed for hearing on 21st March, 2006, first on board, subject to overnight part heard. I.A. No. 50-51 in C.A. 3187-88/1988 10. Liberty to the applicant to file a compilation of all relevant previous orders/judgments which would be necessary to be perused for deciding these applications. Liberty to both the sides to file written submissions. 9. These applications be placed for hearing on 21st March, 2006, first on board, subject to overnight part heard. I.A. No. 50-51 in C.A. 3187-88/1988 10. These applications are filed by Bhopal Memorial Hospital Trust seeking a direction from this Court that certain amount, which, according to the applicant, has been earmarked for the hospital, and which has remained unutilised, must be transferred to the Hospital. These applications are opposed by the Bhopal Gas Peedith Mahila Udyog Sanghathan and other organisations representing the interests of the Bhopal gas victims. On behalf of such organisations, Ms. Indira Jaising, the learned senior counsel, has opposed to the prayer made in these applications and claimed that the Trust accounts are not in order as the Trust has failed to file audited accounts for the period after 31st December, 1996 in this Court. 11. Mr. R.K. Jain, the learned senior counsel representing the Trust, submits that, as directed by this Court, the Annual Audited Balance Sheets and Profit and Loss Accounts have been filed in this Court under a sealed cover for the period from 1998 ending on 31st March, 2005. He also submits that copies of these audited accounts cannot be made available nor should access to the information contained therein be given to the opponents of these applications as no prima facie case has been made out of any misappropriation or flittering away of funds. 12. Mr. Jain shall file a compilation of all the previous orders passed by this Court to show the sources of the funds, the manner of its disbursement and the right by which the Trust claims that the money should be handed over to it. 13. List these applications on 21st March, 2006. After hearing the counsel of both sides, appropriate orders will be passed with regard to the inspection of the accounts by the respondents and release of funds, if deemed necessary by the Court. I.A. No. 54-55 in C.A. 3187-88/1988 14. List these applications on 21st March, 2006. I.A. No. 56-57 in C.A. 3187-88/1988 15. The applicant of these applications shall serve a copy of the applications on the other side. 16. List these applications on 21st March, 2006.