No Bhopal repeat, says Moily
Union law and justice minister M. Veerappa Moily on Wednesday stated that the government will aim at preventing a repeat of Bhopal gas leak case. While unveiling the new National Litigation Policy on Wednesday, the minister proposed a stringent monitoring and review mechanism for all government litigation so that cases such as the Bhopal gas tragedy are noticed before it is too late.
“Under the National Litigation Policy that would come into effect from July 1 this year, the government would categorise and group court cases so that those contesting on behalf of the government could prioritise them,” Dr Moily stated. The policy would aim to reduce the burgeoning number of its court cases and act as an efficient and a responsible litigant, he stated.
“After the policy is in place, ultimately, constant review, prioritising and categorisation will track everything. May be cases like the Bhopal one will not be repeated in this country. That is the target of this policy,” he said.
The minister also noted that “a sensitised and sensitive” government would represent all these cases so that there are “no delay or neglect” at any stage. Dr Moily said such systems will be in place which will make sure that the delay as witnessed in the Bhopal case does not become norms as “justice delayed is justice buried.”
Asked about the curative petition that the group of ministers (GoM) on the Bhopal case was considering, attorney general G.E. Vahanvati, who was present, said the law minister had only made “a suggestion” before the GoM and it was not “a considered opinion”. Mr Vahanvati said the GOM’s report had to first go to the Cabinet, which had to approve the suggestion.
He claimed the 1996 Supreme Court order in the Bhopal gas leak case was “wrong as a matter of law.” “I am not criticising the judgement....I am entitled to tell you that it is wrong. I say it as a matter of law. I believe there are contradictions in the judgement and there are lots of material that have come up post that judgement,” he said.
Vahanvati pointed to evidence that people knew there was a flaw in the (Union Carbide) plant and as a matter of economy they did not rectify the flaws. He said the curative petition was a mechanism created by the Supreme Court itself to correct its own errors and eliminate injustice caused by its earlier orders.
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