New Delhi, Sep 12 (IANS) The Supreme Court Monday issued notice to the central government on a petition seeking directions for a government-takeover of the Rs.436 crore fund, being managed by the erstwhile Bhopal Memorial Hospital Trust (BMHT), for the hospital set up for the treatment of victims of the 1984 tragedy.


The apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar issued notice on a petition by former BMHT secretary K.K. Dewan who has contended that the management of the erstwhile BMHT was "unable to shoulder its responsibility and have no authority to do so" after the trust was dissolved by the apex court July 19, 2010.

Former chief justice of India A.M. Ahmadi, who was chairperson of the BMHT, resigned from his position by a letter to the apex court on June 22, 2010. The apex court had accepted the resignation by its order of July 19.

By the order, the central government was asked to take over the administration of the hospital which was subsequently taken over by the biotechnology and atomic energy departments.

Appearing for the central government, Additional Solicitor General Indira Jaisingth told the court that accounts were not being transferred because Ahmadi has not given the accounts of the erstwhile trust.

At this, the court asked her that the accounts should be taken over by the new management of the hospital as they are and they could be reconciled later.

The court said that both Dewan and the new hospital management should sit together and decide on the modalities for the transfer of funds to the new entities. Jaisingh sought four weeks' time for this.

In his application, Dewan told the court that in compliance with the July 19, 2010, order of the court, he wrote on July 21, 2010 to both the biotechnology and atomic energy departments to take over the management of the hospital.

He said that in the July 19, 2010 order, there were no express directions on the procedure to be followed by the erstwhile trust as to how to handover the finances to the new management.

The court was told that because of vacuum created after the dissolution of the BMHT, the funds are lying in the banks and are yet to be taken over by the two departments.