'Can't Keep Matters Pending For 40 Yrs': MP High Court Directs Trial Court To Expeditiously Decide Cases Concerning Bhopal Gas Tragedy

While hearing a PIL by the Bhopal Gas Peedith Sangharsh Sahayog Samiti, the Madhya Pradesh High Court on Wednesday (September 17) directed the trial court, where cases related to the 1984 Bhopal Gas Tragedy are pending, to dispose of the matters as expeditiously as possible. The court further directed competent courts to submit monthly progress reports of the proceedings to the Registrar of the High Court, who shall place the same before the Chief Justice on the Administrative side. Orally emphasizing that it "cannot have matters pending for 40 years", the division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf in its order dictated: "The petitioner claims to be an association of various voluntary organizations espousing the cause of the victims of the Bhopal gas tragedy. Mr ND Jai Prakash, who is the co-convenor of the association, contends that the subject MJC criminal 91/1992 has been pending before the competent court for over 33 years and the criminal revision appeals pending before the court of the Principal District Judge since year 2010. Respondents (for government authorities) have raised primary objections with regard to the maintainability of the petition, since the petitioner is neither a witness nor a party to those proceedings".Without remarking on the maintainability of the petition, the bench directed; "Without commenting on the objection with regard to maintainability, since these proceedings have been pending for a substantial period of time, we dispose of this petition with a direction to the concerned courts to dispose of the MJCR 91/1992 and Criminal Appeals as expeditiously as possible by giving priority to these cases over others. The concerned court shall send periodic monthly reports to the Registrar General of this court with regard to the progress of the cases. Registrar General shall place the reports of the cases before the Chief Justice on the administrative side". During today's hearing, the court inquired about the status of the proceedings before the Trial Court to which the petitioner said that the matter was adjourned to October 5.Upon further inquiry, the counsel for the government clarified that the CBI was the investigating agency and that one criminal appeal and a miscellaneous criminal judicial case were still pending. He submitted that the case was preferred under Section 82 of CrPC to declare the accused absconders. The petitioner, however, argued that the accused chemical entity had been appearing since October 2023, but no orders were passed. He claimed, "till date no orders has been passed, no action has been taken, no trial has started".The court orally asked, "under Section 82, the accused appears then what does it mean?". The petitioner said that the accused appearing under Section 82 does not imply commencing of trial, and that the court had to specifically order a trial. The petitioner further said that "the accused is present for last two years and chargesheet has not been filed". The counsel for the government, meanwhile, sought an adjournment to seek instructions. The bench declining such a request remarked orally, "No no we don't want application. You cannot keep matters pending for 40 years". Additionally, the petitioner submitted that the Judicial Magistrate presiding over the criminal matter had expressed inability to pass orders in open court. Reassuring the petitioner, the bench orally said, "that's why we said whichever is the court, they will do it and every month send a report to this court which will be placed before the Chief Justice on the administrative side. He will monitor this case, don't worry". The matter was, thus, disposed of. The Samiti had filed another PIL to prevent the transfer, promotion or retirement of judges presiding over the long-pending cases related to the 1984 Bhopal Gas Tragedy until the judgment is pronounced.The same was dismissed by the division bench, noting that the matters relating to transfer, promotion and retirement of judicial officers fall under the administrative jurisdiction of the court and that entertaining such a plea could discourage judicial officers from accepting such appointments. Case Title: Bhopal Gas Peedith Sangharsh Samiti v High Court, Jabalpur (WP - 27094/2025)

'Can't Keep Matters Pending For 40 Yrs': MP High Court Directs Trial Court To Expeditiously Decide Cases Concerning Bhopal Gas Tragedy

Jayanti Pahwa

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