Supreme Court Dismisses NGO Plea in Bhopal Toxic Waste Storage Case
The Supreme Court on Monday firmly rejected a plea from an NGO seeking a change of bench in the Madhya Pradesh High Court. This bench had previously stayed an order to identify a safe storage site away from habitation for the incinerated residue of toxic waste from the Union Carbide factory in Bhopal. The 1984 gas leak from this factory was a catastrophic event that resulted in the deaths of thousands of people, marking one of the worst industrial disasters in history.
Court Rejects Request to Test Toxic Waste for Mercury
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi also turned down a request made by senior advocate Anand Grover, who represented the 'Bhopal Gas Peedith Sangharsh Sahyog Samiti'. Grover had sought permission to open the concrete box where the ash and incinerated residue of the toxic waste is stored. The purpose was to test the accuracy of an expert's opinion suggesting high mercury content in the waste.
Grover cited the views of Professor Asif Qureshi from IIT Hyderabad, pointing to a 2015 report by the Central Pollution Control Board. This report indicated that the toxic waste contained a high mercury content of 904 mg/kg. "Based on this data, the 337 tonnes of incinerated waste should have contained an estimated 49 kg of mercury," Grover emphasized during the proceedings.
He further argued that a 2025 report "inexplicably" claimed mercury was not detected in the incinerated ash or residue. "Scientifically, mercury does not simply vanish; its absence in the 2025 report suggests either a significant environmental leak has occurred or, more likely, the testing process failed to detect it," Grover added, highlighting potential risks to groundwater contamination at Pithampur, where the waste was incinerated.
Supreme Court Directs Petitioner to Approach High Court
In response, Chief Justice Kant and Justice Bagchi noted that the High Court had been closely monitoring the incineration process and had delegated disposal responsibilities to an oversight committee of experts. The Supreme Court bench stated that the petitioner should approach the High Court instead. The High Court would then decide whether to seek input from the oversight expert committee regarding Professor Qureshi's concerns about mercury content.
This ruling underscores the judiciary's reliance on established procedures and expert committees in handling complex environmental cases. It also reflects ongoing challenges in managing the legacy of the Bhopal disaster, where toxic waste disposal remains a critical issue for public health and environmental safety.
