Court orders top officials of BALCO & Chinese firm to be named as accused in 2009 chimney collapse

Raipur: Fifteen years after a 790-ft chimney collapse at BALCO's captive power plant, which claimed lives of multiple workers after more than 100 were stuck, a special court in Korba district directed the inclusion of top officials from Bharat Aluminium Company Limited (BALCO), Chinese firm SEPCO, and other companies as accused in the case.
In his order, Special Judge Jaideep Garg, presiding over the SC and ST (Prevention of Atrocities) Act court, instructed that the top officials from BALCO, SEPCO Electric Power Construction Corporation (India), Gannon Dunkerley and Company Limited (GDCL), Bureau Veritas India Private Limited (BVIL), and Development Consultants Private Limited (DCPL) be added as accused in the 2009 Korba chimney collapse case.
The court noted that while senior officials of these companies—such as chairmen, managing directors, general managers, and CEOs—could be involved, they have not been named as accused due to the lack of available information regarding their names and addresses.
Summonses have been issued to the five companies, directing them to be represented by their authorised officers. The next hearing is scheduled for March 13, 2025. The court also indicated its intention to summon higher authorities from these companies, including chairmen, MDs, directors, GMs, and CEOs, as their presence appears necessary for the trial based on prima facie observations.
The case originated from the Sept 2009 incident when a chimney under construction for BALCO's captive power plant collapsed, killing several labourers instantly and injuring many others. The chimney, which reached a height of 240 metres (790 feet), collapsed onto more than 100 workers who were taking shelter during a thunderstorm.
During the hearing on Feb 21, the Korba Special Court referred to the High Court's directive from September 25, 2024, which ordered the case to be disposed of within six months. In their written response, the accused companies claimed that the 1,200 MW power plant's chimney collapsed on Sept 23, 2009, due to unforeseen extreme weather conditions, including a severe storm, heavy rain, and lightning. They pleaded innocence and requested acquittal.
The high court stayed hearings in the BALCO chimney collapse case for ten years. Now, proceedings have resumed in the Korba special court. According to the public prosecutor, an application has been filed under Section 319 of the Code of Criminal Procedure to summon additional accused. The Chinese company officials, who were granted bail, have since returned to their country, citing illness and seeking exemption from appearing in court.
Most of the labourers who lost their lives in the accident were from Bihar and Jharkhand. BALCO, once a public sector undertaking, was privatised in 2001 and taken over by Sterlite Industries Limited, part of the Vedanta Group, under the central govt's disinvestment policy.