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12. The Distt. Judge of Bhopal on 17th December, 1987 ordered interim relief amounting to Rs.350 crores. Being aggrieved thereby the UCC filed a Civil Revision which was registered as Civil Revision Petition No. 26/88 and the same was heard. On or about 4th February, 1988, the Chief Judi- cial Magistrate of Bhopal ordered notice for warrant on Union Carbide, Hong Kong for the criminal case filed by CBI against Union Carbide. The charge sheet there was under

sections 304, 324, 326, 429 of the Indian Penal Code read with section 35 IPC and the charge was against S/Shri Warren Anderson, Keshub Mahindra. Vijay Gokhale, J. Mukund, Dr. R.B. Roy Chowdhay. S.P. Chowdhary, K.V. Shetty, S.1. Qureshi and Union Carbide of U.S.A., Union Carbide of Hong Kong and Union Carbide having Calcutta address. It charged the Union Carbide by saying that MIC gas was stored and it was further stated that MIC had to be stored and handled in stainless steel which was not done. The charge sheet, inter alia, stated that a Scientific Team headed by Dr. Varadarajan had concluded that the factors which had led to the toxic gas leakage causing its heavy toll existed in the unique properties of very high reactivity, volatility and inhalation toxicity of MIC. It was further stated in the charge sheet that the needless storage of large quantities of the material in very large size containers for inordi- nately long periods as well as insufficient caution in design, in choice of materials of construction and in provi- sion of measuring and alarm instruments, together with the inadequate controls on systems of storage and on quality of stored materials as well as lack of necessary facilities for quick effective disposal of material exhibiting instability, led to the accident. It also charged that MIC was stored in a negligent manner and the local administration was not informed, inter alia, of the dangerous effect of the expo- sure of MIC or the gases produced by its reaction and the medical steps to be taken immediately. It was further stated that apart from the design defects the UCC did not take any adequate remedial action to prevent back flow of solution from VGS into RVVH and PVH lines. There were various other acts of criminal negligence alleged. The High Court passed an order staying the operation of the order dated 17.12.87 directing the defendant-applicant to deposit Rs.3,500 mil- lions within two months from the date of the said order. On 4th April, 1988 the judgment and order were passed by the High Court modifying the order of the Distt. Judge, and granting interim relief of Rs.250 crores. The High Court held that under the substantive law of torts, the Court has jurisdiction to grant interim relief under Section 9 of the CPC. On 30th June, 1988 Judge Deo passed an order restrain- ing the Union Carbide from settling with any individual gas leak plaintiffs. On 6th September, 1988 special leave was granted by this Court in the petition filed by UCC against the grant of interim relief and Union of India was also granted special leave in the petition challenging the reduc- tion of quantum of compensation from Rs.350 crores to Rs.250 crores. Thereafter, these matters were heard in November- December'88 by the bench presided over by the learned Chief Justice Of India and hearing, continued also in January Feb- ruary'89 and ultimately on 14-15th February, 1989 the order culminating in the settlement was passed.