As the GoM on Bhopal gas tragedy prepares to analyse the case fiasco, the Supreme Court order passed a day after giving approval to the government’s settlement with the Union Carbide Corporation in 1989, clearly says that the Centre had agreed to drop the criminal proceedings against the US multinational and its officials.
The order was passed by a five-judge bench, headed by the then Chief Justice of India R.S. Pathak on February 15, 1989 when the government placed before the court the terms and conditions of the “settlement memorandum-735” of the deal with the UCC.
The bench having Justices E.S. Venkataramiah, Ranganath Misra, M.N. Venkatachalliah and N.D. Ojha as the other four judges, a day earlier on February 14, 1989 had directed that the full text of the memorandum be placed before it. After perusing the settlement memo, the top court in its order recorded that “the parties acknowledge that the order dated February 14, 1989 supplemented by the order dated February 15, 1989 disposes of in its entirety all proceedings in the suit.”
The “headnote” of the case placed before the bench on February 14 had spelt out the list of issues for the approval of the apex court as per the settlement deal arrived between the government and the UCC.
The issues referred in the “headnote” included, examination of the material relating to the proceedings in the US courts, offers-and-counter-offers between Indian government and UCC made at different stages during various court proceedings, complex issues related to the law and facts.