MP High Court Dismisses PIL To Stay Transfers, Promotions Or Retirements Of Judges Hearing Bhopal Gas Tragedy Case Until Verdict
Image By - Raghu Rai
The Madhya Pradesh High Court on Tuesday (July 08) 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 orally questioned the maintainability of the plea and prayers sought in the PIL, the petitioner represented through its authorized representative, sought leave to withdraw the PIL which was permitted by the court.
During the hearing, a division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf remarked that the petition is not maintainable.
"So, today, we will say that no judge who is presiding over the matter should retire or get promoted? Can there be a prayer like this?" the bench orally observed.
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 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 Chief Judicial Magistrate, no sentence had been enforced in over four decades. "In fact, the CGM has prosecuted these people, but they have not been imprisoned. 40 years have gone by. 40 years and nobody has done a thing", the petitioner said.
In response, the bench expressed concern that entertaining such a plea could discourage judicial officers from accepting such appointments. "Nobody will want this appointment. That if I get this appointment, I will never get a promotion, I will be stuck here. That's not accepted", the court said.
Case Title: Bhopal Gas Peedith Sangharsh Samiti v High Court, Jabalpur (WP - 24908/2025)