In election year, the sensitive issue of disposal of toxic waste, lying at the Bhopal Gas tragedy site for over 17 years, led the Madhya Pradesh Government on Friday to request the Supreme Court to defer the exercise till December 15.
The State approached the court to defer the exercise apprehensive that the large police presence required during lifting and transportation of waste would not be available due to election duty.
It was at the behest of the Supreme Court that both Centre and State Government had agreed to incinerate the waste at the chemical treatment plant at Pithampur, situated some 180 kilometres from Bhopal.
Realising that the elections in the State had thrown a spanner in its efforts to seek an expeditious disposal of the waste, the Bench said, “This issue concerns public at large. We fear in December, the new dispensation in the State will approach us with a new request.”
The court gave it a second try and sought to know if the NGO protesting against possible leak of gas from the toxic waste would refrain from agitation. “Can you assure us there will be no agitation,” the Bench of Justices GS Singhvi and V Gopala Gowda asked the counsel for NGO Bhopal Group for Information and Action. The lawyer sought time to take instructions. Posting the matter for Monday, the Bench said, “If you assure, we will order for the trial incineration to take place.”
The court received support from the Central Pollution Control Board, which backed immediate disposal of waste. Counsel Vijay Panjwani informed that the process of incineration must be set in motion. The actual process will take five days (October 21-25) following which a report will be submitted to court in November.
Additional Solicitor General (ASG) Paras Kuhad, for the Centre submitted that on a trial basis 10 tonne of waste can be transported and incinerated on an experimental basis. With about 350 tonne waste lying at the Bhopal site, he assured that the waste could be transported in five to six days.
Senior advocate Ravi Shankar Prasad, who represented Madhya Pradesh, said, “Due to the sensitivity arising out of Bhopal gas issue, State should be trusted more over the Centre. Once even a whisper is there that waste is to be excavated, there can be agitation.” He pointed out five NGOs were actively engaged in the area following the tragedy.