Order
1. On 6-2-1996, after a detailed consideration of the various contentions and suggestions made before the Court on the question of the type of hospital to be constructed in Bhopal, particularly, having regard to the affidavits filed by the Bhopal Group for Information and Action and the Bhopal Gas Peedith Mahila Udyog Sangathan, the Court directed Civil Appeal No. 3187 of 1988 that the Empowered Committee should consider these suggestions and thereafter indicate its point of view.
2. In compliance with the said order dated 6-2-1996 Civil Appeal No. 3187 of 1988 the Empowered Committee met on 11-3-1996 and not only considered the contents of the two affidavits but also heard the views of the representatives of the said two organisations on the question of construction of the hospital and after elaborately stating their points of view placed before the Committee, the Committee summed up as under:
“Summing up the discussion, the Chairman said that after having heard the views of IMCB through their representative, Dr Sushma Acquilla, and carefully considering the proposals contained in the affidavits of BGI & A and Bgpmus, the Empowered Committee finds that the original proposal of cardio-thoracic surgery unit; research-cum-teaching unit and setting up of mini units up to 10 in number, was the best way of providing what had been asked for by the Hon'ble Supreme Court for the victims and there was no need for any modification in it. The Committee was of the opinion that the Hon'ble Court may be requested to release funds to the extent of Rs 187 crores only at this stage. The balance funds under attachment can be released later for the said purpose in case the need for more funds arises in future.”
3. Shri M.M Srivastava, Director, Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilisers, Government of India, has filed an affidavit reiterating this decision in para 3 thereof. We have considered the decision of the Empowered Committee and we endorse and approve the same. We, therefore, do not see any reason for any modification as was suggested by Shri Murlidhar in the course of his arguments today.
4. The next question is as regards the release of the funds out of the attached amount. We may once again reiterate that the amount has been attached to enforce the presence of the then UCC Chairman, Mr Anderson. Mr Dadachanji, the learned counsel for UCC, had agreed on the last occasion that notwithstanding the contention of UCC that the attachment order was not valid, regardless of the outcome thereof, the amount may be made available for the construction of the hospital. The attachment had thus lost its sting because in any case UCC is not claiming that amount, confiscated or otherwise. There is, therefore, no difficulty in directing the release of that amount from attachment. We, therefore, direct that out of the attached amount a sum of Rs 187 crores be released for the construction of the hospital, in favour of the Empowered Committee. The amount of Rs 187 crores together with interest accruing thereon up to the date of actual release and payment may be made available to the Empowered Committee to carry out the construction work.
5. By the same order of 6-2-1996 Civil Appeal No. 3187 of 1988 we had desired the Empowered Committee to consider the question of entrustment of the hospital i.e whether it should be entrusted to an autonomous body or to the State Government but it seems that at the meeting of 11-3-1996 the Empowered Committee did not go into it. It seems to have escaped the attention of the Empowered Committee or was deliberately postponed. Be that as it may, we would like the Empowered Committee to take a decision thereon within a month's time and report to the Court. Let the matter come up after one month.
Court Masters