Bhopal Gas Waste Disposal | SC says Mercury Leakage Issue must be raised before High Court

On Monday, the Supreme Court declined to entertain a plea raising concerns about possible mercury leakage from residue generated after incineration of toxic waste linked to the 1984 Bhopal gas tragedy. The Court advised the petitioner representing victims to approach the Madhya Pradesh High Court, noting that the issue forms part of an ongoing matter already being monitored by that court.

The petition was filed by the Bhopal Gas Peedith Sangharsh Sahyog Samiti, challenging developments surrounding the disposal of hazardous waste from the former Union Carbide plant. The petitioner relied on research conducted by an IIT Hyderabad expert suggesting that mercury present in the incinerated residue could pose risks of soil and groundwater contamination near the disposal site at Pithampur in Madhya Pradesh.

Senior Advocate Anand Grover argued that earlier studies had detected mercury in the waste and questioned the reliability of a later trial report, which claimed that mercury was not detected in the residue. According to the petitioner, flaws in the testing methodology may have resulted in inaccurate conclusions regarding the safety of the disposal process.

The Division Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi held that technical disputes over environmental risks and scientific reports should first be examined by the High Court that has been overseeing the matter for years. The Court emphasised that expert bodies must assess the competing claims before judicial intervention.

Observing that the High Court was best placed to address the concerns, the Bench stated, “The appropriate recourse would be to move an application before the High Court, along with supporting material showing apprehension of leakage in the future.” The Court accordingly disposed of the petition while granting liberty to the petitioner to approach the Madhya Pradesh High Court with the relevant material.

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