Tag: curative petition

  • Would pursue curative petition seeking funds for Bhopal gas tragedy victims: Centre tells SC 

    By PTI

    NEW DELHI: The Centre would pursue its curative petition seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy, the Supreme Court was informed on Tuesday.

    A five-judge constitution bench headed by Justice S K Kaul took note of the submission made by Attorney General R Venkataramani and directed the Centre to prepare a compilation within eight weeks in this regard.

    “The Attorney General has taken a stand before us that the government would like to press the curative petition. A number of NGOs would like to be impleaded. However, counsel for respondents has questioned the maintainability of the petitions as they have come 19 years after the judgement.”

    The government would represent plaints of persons who have suffered and thus a compilation would be required to be prepared by the office AG and the resp, insofar as the applicant’s associations are concerned, we do not give any liberty to file any pleadings,” the bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and JK Maheshwari said. The matter will now be taken up for hearing on January 10, 2023.

    The apex court had earlier asked the Centre to clarify its stand on whether it wants to go ahead with its curative petition seeking additional funds.

    The UCC, now owned by Dow Chemicals, gave a compensation of USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The apex court is to hear the curative petition filed by the Centre seeking a direction to Union Carbide and other firms for an additional Rs 7,844 crore over and above the earlier settlement amount of USD 470 million.

    The survivors of the tragedy have been fighting for long for adequate compensation and proper medical treatment for ailments caused by the toxic gas leak. The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years’ imprisonment. The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial.

    On February 1, 1992, the Bhopal CJM court had declared him as an absconder. The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

    NEW DELHI: The Centre would pursue its curative petition seeking Rs 7,844 crore as additional funds from successor firms of the US-based Union Carbide Corporation (UCC) for giving compensation to victims of the 1984 Bhopal gas tragedy, the Supreme Court was informed on Tuesday.

    A five-judge constitution bench headed by Justice S K Kaul took note of the submission made by Attorney General R Venkataramani and directed the Centre to prepare a compilation within eight weeks in this regard.

    “The Attorney General has taken a stand before us that the government would like to press the curative petition. A number of NGOs would like to be impleaded. However, counsel for respondents has questioned the maintainability of the petitions as they have come 19 years after the judgement.”

    The government would represent plaints of persons who have suffered and thus a compilation would be required to be prepared by the office AG and the resp, insofar as the applicant’s associations are concerned, we do not give any liberty to file any pleadings,” the bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and JK Maheshwari said. The matter will now be taken up for hearing on January 10, 2023.

    The apex court had earlier asked the Centre to clarify its stand on whether it wants to go ahead with its curative petition seeking additional funds.

    The UCC, now owned by Dow Chemicals, gave a compensation of USD 470 million (Rs 715 crore at the time of settlement in 1989) after the toxic methyl isocyanate gas leak from the Union Carbide factory on the intervening night of December 2 and 3, 1984 killed over 3,000 people and affected 1.02 lakh more.

    The apex court is to hear the curative petition filed by the Centre seeking a direction to Union Carbide and other firms for an additional Rs 7,844 crore over and above the earlier settlement amount of USD 470 million.

    The survivors of the tragedy have been fighting for long for adequate compensation and proper medical treatment for ailments caused by the toxic gas leak. The Centre had filed the curative petition in the apex court in December 2010 for enhanced compensation.

    On June 7, 2010, a Bhopal court had sentenced seven executives of Union Carbide India Limited (UCIL) to two years’ imprisonment. The then UCC chairman Warren Anderson was the prime accused in the case but did not appear for the trial.

    On February 1, 1992, the Bhopal CJM court had declared him as an absconder. The courts in Bhopal had issued non-bailable warrants against Anderson twice in 1992 and 2009 before his death in September 2014.

  • More curative petitions in SC than reviews

    Express News Service
    NEW DELHI:  The Supreme Court entertains curative petitions more often, compared to review petitions, according to figures from Parliament. Data reveals that from 2010, 92 civil review petitions were allowed, compared to only three curative petitions. The court also allowed 48 criminal curative petitions in comparison to zero criminal review petitions.

    The main difference between a review petition and curative petition is that the first is inherently provided in the Constitution of India, whereas the emergence of the latter is in relation with the interpretation of the review petition by the Supreme Court, enshrined in Article 137. A curative petition can be referred to as the next step of the review petition. It allows the aggrieved party to contest the judgement after dismissal of the review petition.

    According to experts, a curative petition can be seen as a tool against judicial bias. It also prevents misconceptions, that can arise in the process of pronouncing verdicts.

    In the Delhi gang rape case of 2012, there was gross misuse of curative petitions. Certain checks and balances are to be fixed, according to the experts. Supreme Court lawyer KV Dhananjay said, “Curative petitions arise only after the Supreme Court dismisses a review petition. In essence, a curative petition says that the original judgment was erroneous and a review petition to correct the judgment was wrongly dismissed. Statistically, therefore, review petitions are bound to witness a very low rate of acceptance.”