Bhopal Gas Tragedy Case: HC Junks Plea, Refuses To Bar Transfer, Promotion Of Presiding Judges

Bhopal (Madhya Pradesh): Madhya Pradesh principal bench of high court at Jabalpur, on Tuesday, refused to entertain a PIL filed by the Bhopal Gas Peedith Sangharsh Samiti 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.

After the court verbally questioned the maintainability of the plea and prayers sought in the PIL. The petitioner, represented through its authorised representative, sought leave to withdraw the PIL which was permitted by the court.

The petitioner highlighted the prolonged delay in the pronouncement of judgment, pointing out that while final arguments had concluded, the verdict remained pending for years. It was submitted that over the past 15 years the case had been handled by 8 different judges where the final decision had not been delivered.

The court, however, said that matters relating to transfer, promotion and retirement of judicial officers fall under the administrative jurisdiction of the court.

"So people age, people get superannuated, people progress in life. You are saying that no judge handling this matter should be transferred out of the sessions court," the bench remarked.

The petitioner argued that repeated reshuffling had directly impacted the timely delivery of justice. It was submitted that although prosecution had been initiated by the Bhopal district Chief Judicial Magistrate, no sentence had been enforced in over four decades. All accused managed to get bail and no one was sent to jail, the petitioner rued.

"In fact, the CGM has prosecuted these people, but they have not been imprisoned. 40 years have gone by and nobody has done a thing," the petitioner said.

Bhopal Group for Information and Action (BGIA)’s Rachna Dhingra  said, “ it was our move in HC regarding prolong delay in justice. However, HC rejected our PIL but at least we expressed our concern for justice.”

Published on: Tuesday, July 08, 2025, 09:58 PM IST