The Supreme Court on Monday declined to intervene in a plea raising concerns about possible contamination of land and groundwater due to alleged mercury leakage from incinerated waste related to the Bhopal gas tragedy. The court directed the victims’ organisation, Bhopal Gas Peedith Sangharsh Sahyog Samiti, to approach the Madhya Pradesh High Court, which has been overseeing rehabilitation and related issues arising from the disaster for more than three decades.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi heard submissions made by senior advocate Anand Grover, who appeared on behalf of the victims’ association. The petition raised apprehensions that the disposal of waste from the former Union Carbide Corporation pesticide plant site in Bhopal could lead to mercury leaching from the incinerated material, potentially contaminating surrounding land and groundwater.
The court noted that the Madhya Pradesh High Court has been monitoring matters related to the Bhopal gas tragedy for several decades and observed that the appropriate course for the petitioners would be to move the high court with their concerns. The bench also requested the high court to consider any such application on merits and deal with the issue expeditiously.
During the hearing, Grover questioned the conclusions reached by authorities that reportedly found no mercury in the treated waste. Raising doubts about the testing process, he submitted that despite the incineration process, authorities had reported no trace of mercury.
“With all the incineration, they now say they have detected no mercury at all. After all that, it is all dumped in a concrete block. Mercury will leach out now. If there is no order to open it up and test, the exercise is futile,” he argued.
Responding to these concerns, Justice Bagchi referred to trial runs conducted by an oversight committee and said they reportedly showed no evidence of material leaching. He remarked that the petitioner was essentially questioning the methodology adopted by the committee.
“They say trial runs show that there is no leeching of material. You say the methodology adopted by the oversight committee is faulty. Now we are not experts. You need to tell them,” Justice Bagchi said.
The judge further noted that authorities had indicated that if any leakage was detected in the future, the disposal structure would be strengthened and sealed further. He also cautioned that attempts to open up the structure merely for verification could itself risk further contamination.
The bench also referred to a report prepared by Dr. Asif Qureshi of the Indian Institute of Technology Hyderabad, which had been cited by the petitioner. The report suggested that the presence of mercury in the incinerated waste could pose a risk of contamination around the disposal site.
However, the Supreme Court said it saw no reason to interfere with the order passed by a division bench of the Madhya Pradesh High Court on December 10, 2025.
“The petitioner relying upon the report of Dr Asif Qureshi of the IIT Hyderabad states that since a huge amount of mercury is there in the incinerated material there is a risk of contamination around the site of disposal. Since all possible precautions were taken, we see no reason to interfere with the division bench order of December 10, 2025,” the court said.
The bench added that the petitioners were free to approach the high court with supporting material showing apprehension of future leakage. It requested the high court to examine the issue and pass appropriate directions in the larger public interest.
The plea arises in the broader context of the 1984 Bhopal gas tragedy, one of the world’s worst industrial disasters. In December that year, over 40 tonnes of methyl isocyanate gas leaked from the Union Carbide pesticide plant in Bhopal, killing more than 15,000 people and exposing millions to toxic gas.
