Bhopal Gas Case Verdict FIXED Years Earlier
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Working For The Rights & Survival Of The Oppressed
Editorial : BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court of India & Supreme Court of USA
Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXED years before , MATCH FIXED by then MP Government Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal
Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind
PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india
In India india india
1. To legally prosecute the jurisdictional police who changed the charge sheet , who let out Main criminal Anderson
2. To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who fully aided the main accussed , criminal Anderson
3. To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.
4. To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the clause under which Anderson
The Public servants – Mps , MLAs , Judges , IAS / IPS officers , Police take thousands of rupees monthly salary , cars , bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class air travel , foreign tours , etc all at tax payer’s expense. After enjoying to the hilt at taxpayer’s expense , these same public servants don’t serve the public , they serve the rich crooks , anti nationals in their greed for more money.
All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal
Your’s sincerely,
Nagaraj.M.R.
- Another independence struggle in
After 62 years of
The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.
Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in
When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.
Take for instance
In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.
In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?
Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in
In this back drop , in
If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In
In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. let us build a true democratic
Shame! India
No country sells its poor so cheap.
No country sells its dead so cheap.
Today,
Bhopal
Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to negligence.
Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court, said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in the case.
The Magistrate court in
Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases and deformity - the toll of victims is still rising.
Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered down making all sections carry the maximum punishment of 2 years.
The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.
Anderson : The man who got away in Bhopal
Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.
As legal proceedings in theBhopal
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion inLong Island , New York
Both have washed their hands off theBhopal
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.
Anderson
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with theBhopal
As legal proceedings in the
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in
Both have washed their hands off the
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the
Bhopal
NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II of IPC — that attracts a maximum jail term of 10 years — was set aside by the Supreme Court itself on September 13, 1996.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed inDubai
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed in
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.
Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation – both medical care and measures to
address the socio-economic effects of the leak – have fallen way short
of what is needed.
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at
and
have so far been unsuccessful.
is a human rights travesty today. The legacy of
because the people of
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gas-
exposed families.
For 25 years the Indian government has failed the people of
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at
cooperate fully with the Indian government and the courts in
ensure justice is done and the site is fully cleaned up.
At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at
when the U.C.C. Chairman/C.E.O. came over to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to go-
on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?
An appeal to honourable supreme court of USA & HE Honourable president
of USA Mr.Obama
Your government protects all Americans, all American companies both
inside
country , American investigators fly over to that country to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in
company has not removed , cleared the accident site of poisonous
debris at
slaughter , no action by American government why ?
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some
drugs ( which are banned in the
us companies are exporting such dangerous medicines , foods to third
countries . no action by
that the lives of non Americans are cheaper than Americans ?
Hereby, I do request your kindself ,
1 . to initiate criminal prosecution against US based key management
personnel responsible for
2 . to make either the respective company management or US government
to pay compensation to victims of
American lives , as if the same tragedy happened in the
3 . to order the management of the said company to clean up
poisonous debris , from the accident site at their own expense.
4 . To legally prosecute US exporters & US based companies selling
products ( which violates US FDA regulations or banned in the
domestic consumption ) to third countries.
WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA
In every mega projects undertaken by government , both the state government & central government have functioned like REAL ESTATE / COMMISSION AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.
For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money, employ our own people , use our own natural resources & finally take away the net profits to their home countries – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .
During Previous License Regime foreign, investment was not directly welcome in
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.
During 1990's under the international pressure
bringing the FMCG industries - salt, chips, ketch-up, colas, for which
They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to
1. There is lack of comprehensive environmental norms.
2. The enforcement of environmental norms is lax.
3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.
4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.
5. The enforcement of labour laws are lax.
6. Public money can be easily raised through lending Banks, primary market within
7. The tax can be evaded through various loopholes like transferring money to holding companies situated at
8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.
9. The corporate governance laws are almost absent in
10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.
11. On top of it, well trained, technically qualified people are available at low rates through contractors.
Just consider the following cases which highlight the apathy, irresponsibility of government of
1. The
2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.
3. Few years back, In
4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in
This is still further damaging the residents of
5. In the above union carbide disaster, the Government of
American lives. Just imagine if a same disaster occurred in
6. In
7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.
8. In India spurious drugs, medicines, food stuffs are easily marketed.
9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.
10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.
11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.
Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.
12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.
13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.
14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't respond at all.
All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to
At the first instance the Government of
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's
Various plants in the
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at
2. In 1985, Government of
victims didn't choose Government of
3. The paradox of this "
4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of
After all these crimes, the Government of
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.
Particularly in the case of "
Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in
of
amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of
In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of
Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to
Bhopal
You may also want to see
- India trying for Anderson's extradition: Pranab Mukherjee
- Set up independent probe on Bhopal, ministerial group will not do: CPI(M)
- Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game
- BJP for JPC probe into 'misuse' of CBI
- BJP demands Anderson escape order from Congress
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Complete Coverage
Officers who probed the case but have now retired claim their hands were tied by government missives directing CBI not to pursue Anderson
In fact, the government had committed to the US that Anderson would not be arrested during his visit to Bhopal
Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving a letter from the ministry of external affairs to not pursue Anderson
“I distinctly remember receiving a routine letter which said Warren Anderson’s extradition may not be pursued. Normally, directions are not received through letters. It was a rare case,” he told DNA, making a case for greater autonomy to CBI.
“We [CBI] had responded to the letter that investigations required [Anderson
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
“CBI did its best to investigate the case fairly and push for Anderson
The CBI charge sheet mentioned section 304 IPC (culpable homicide with a maximum punishment of 10 years). However, the charges were watered down to 304 (a) (death due to negligence), usually used in cases of road accidents.
“With such a mild section, it is impossible to get an extradition anywhere. The moment 304 was quashed, half the case was lost,” Singh said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply to Lall’s claims, he said, “After retirement people can give many statements. It is an irresponsible statement. This is not done at all. I think we need to do something to deal with such people who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.”
New Delhi: A former senior CBI official, involved in the Bhopal gas leak case investigations, today claimed that the probe was "influenced", generating a strong reaction from law minister M Veerappa Moily who termed the remarks as "irresponsible."
You may also want to see
- India trying for Anderson's extradition: Pranab Mukherjee
- Set up independent probe on Bhopal, ministerial group will not do: CPI(M)
- Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game
- BJP for JPC probe into 'misuse' of CBI
- BJP demands Anderson escape order from Congress
Related videos
- Amendment in law to prevent Bhopal like tragedy: Solicitor general
- BJP seeks withdrawal of nuclear liability bill
- Bhopal gas leak tragedy convicts released on bail
Complete Coverage
The officer, BR Lall, former joint director of the agency and in-charge of the probe also said he was forced by the ministry of external affairs officials not to follow extradition of Warren Anderson, the CEO of Union Carbide Corporation when the gas leak took place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as a result the justice in the Bhopal Gas leakage case got delayed, hence, denied," said Lall, the CBI officer in charge of the investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After retirement, people can give many statement. It is an irresponsible statement. This is not done at all. After retirement, people become martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out of the control of the judiciary, bureaucracy and executive powers."
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out of the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday convicted former Union Carbide, India, chairman Keshub Mahindra and seven others for the world's worst industrial disaster, that left more than 15,000 dead on the intervening night of December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to follow the extradition of Warren Anderson, which affected the CBI probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section 304 IPC, which amounts to culpable homicide with maximum punishment of 10 years. However, the charges were later watered down to 304 (a), usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for extradition of Anderson was made to the US
Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali
''We got flight information from the then Director of Aviation R S Sodhi for a flight from
Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal
He added that
Capt Ali further claimed that
Anderson case not closed, he slipped because of CBI: Moily
Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singh government that
''I had received a call from the office of the then Chief Minister, Arjun Singh, ordering to arrange
Eight held guilty for Bhopal gas tragedy, get two years in jail
He alleged
The city's Superintendent of Police and the district magistrate, Moti Singh, waved to
''The then chairman Keshub Mahindra and UCIL's then managing director Vijay Gokhale after landing in Bhopal were taken into custody at the airport itself but soon after that, he and the district police chief were told by the Chief Secretary to get the US citizen released on bail and send him to Delhi by plane,'' he said.
Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?
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Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'
Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted,
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.
Date : June 11th, 2010. News by Newsofap.com
Speaking to a daily, the former CJI said, “I will send a fresh application to the new Chief Justice of India asking to be relieved of the responsibility, though my previous application was pending with former CJI KG Balakrishnan.”
Justifying his stand, Ahmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up by the Union Carbide after the gas leak.
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Justice Ahmadi, who headed the bench in 1996 that converted the CBI charge under the stringent provisions of 304-II that provided for maximum of 10-year imprisonment to Section with two-year maximum imprisonment, said it was easy for people to talk and make allegations but judges have to work as per the system.
A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death by negligence.
Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge against Union Carbide executives inBhopal
He also lamented the lack of a law to deal with disasters ofBhopal
Few days back, an organisation ofBhopal
A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death by negligence.
Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge against Union Carbide executives in
He also lamented the lack of a law to deal with disasters of
Few days back, an organisation of
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As the guilty had not been charged under Section 304 of IPC (culpable homicide not amounting to murder), they were let off with imprisonment of only two years each, Jabbar claimed.
Justice Ahmadi, who had delivered the
Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trust that runs a 350-bed superspeciality hospital. The trust was set up by Union Carbide.
A total of Rs 600 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an SC judge should be its chairman and Ahmadi has been at its helm since retirement.
Man Who Warned of
Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [ Images ] whose role in letting the guilty in the
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on
As a result, at every little step, the law could not provide justice to the over 15,000 who died due to the gas leak. More than five lakh victims who suffered chronic diseases are struggling and pleading for help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the convicted officials of the Indian arm of Union Carbide to a mere two-year sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish Indian justice system and its spineless political establishment.
The entire
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news): '
Keswani has witnessed the entire saga of deception of the victims of
You have been following the
I had no expectations on that day. The seed of this judgment was sown when a Supreme Court bench headed by then Chief Justice of India, A H Ahmadi, passed a judgment in 1996 that converted section 304 (II) (culpable homicide not amounting to murder) of the Indian penal code to 304-A (causing death by negligence) to try the case. In 1996 we knew the fate of the
Was there a design behind this?
I can't say how it was done. But surely there was some design. Eventually, after retirement, Justice Ahmadi became the lifetime chairman of the Bhopal Memorial Hospital Trust and Research Centre which has funds worth millions of rupees. Those millions, paid by Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that they have never ever been subject to Indian laws. They have never appeared before an Indian court, nor have they lost anything due to
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the
People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like
But what kind of evidence did you have against UCC of the
In 1982, an audit team had visited Union Carbide in
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant had problems before the leak in 1984. There is enough proof. Second,
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would be too expensive and too difficult to acquire. How can
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company, didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of his order but he rejected it. We had sent messages to all the members of Parliament at that time to press for a review of the dilution of charges against the company. There are hundreds of documents that suggest that the parent company was involved in the running of the
In 1982, I had documents to prove that safety measures in the plant were faulty. I managed to raise the Union Carbide plant issue in the MP assembly. The government denied any such threat, it is on record. The government denied my report and said there is a fool-proof system in the factory and there is nothing to worry about. The government said all these things in defence of Union Carbide in December 1982! I wrote to the Chief Justice of India in 1982 to intervene in the
Who played the bigger game in the
Union Carbide Corporation,
I challenged it in the court with the help of Indira Jaising, my lawyer. Only after that petition was the criminal case revived in June 1989. Anyone can understand what the role of the Government of India has been in helping victims.
It's very intriguing to see that after the
This is a very serious question. I am also worried about it. I don't know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All over the world the victims have sympathisers. Still justice was not done. Why?
These are voices only. In society today only a loud bang is heard. That can be done by the television media. If the people would have reacted in a similar manner in 1996 to Justice Ahmadi's decision, the
How do you look at the
I think the judge in his wisdom has not spoken much on (UC India chairman) Keshub Mahindra's role. We have a grouse against it. It should be challenged. The Indian managers were equally responsible.
In
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of
There is Union Carbide Company who compromised safety for profit. There was the Indian government who could not withstand the might of the multinationals. The cause of the tragedy was Union Carbide, but the injustice was due to the slow process of the judiciary and the Central Bureau of Investigation. The investigating agency became a partner in crime.
Who helped
The American government and the
We reported these things then. We have no recordings of it now but we reported though our sources.
You are fighting since 26 years but now you see all around that people are reacting sensitively. There is a feeling of anguish and frustration. How do you see the new-found interest in the
This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TV. They make us cry and they make us laugh. It is good, and even bad sometimes. In the case of
Police released
Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984 in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284 (negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted,
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union Carbide plant on the intervening night of December 2-3, 1984.
MP CM seeks explanation from Arjun Singh on how
"We will go to any extent to get justice for the victims...This is not an issue of
Noting that the people of the state felt "let down" following the gas tragedy verdict, Chouhan said he has written to Arjun Singh and asked for a reply on the circumstances that led to
"Let Arjun Singh explain it. Whether he did it (gave permission for providing state aircraft) himself or anybody told him to do so. We want a reply from him if a wrong direction was given. And after all, why such a direction was given.
"There are lot many questions like why the CBI filed no appeal when the charges in the case were diluted in 1997. If he gives a statement, things would be clear. The state and the country want to know these circumstances," he said.
Chouhan said a five-member team of legal experts has been set up by the state government to look into the issue and examine what could be done legally to get
Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on
"Somebody is saying the Centre is responsible while somebody else says the issues comes under the state. Different people are speaking in different voices...One wants to protect somebody while the other wants to trap someone else.
"This is leading to confusion... Arjun Singh should speak the truth. What other Congress leaders are speaking is only bringing out the contradictions within the Congress party," he said.
He said that his government is open to all options and will decide after the committee report on whether to constitute a probe commission go into the lapses or take up the issue with US courts.
CBI failed to act on warrant against Anderson last year
Bhopal: The trial court in the Bhopal gas tragedy case had issued an arrest warrant against former Union Carbide CEO Warren Anderson last year but the CBI had failed to give any written response to it, according to court sources.
They said the warrant, the second against Anderson, was issued by Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the CBI did not give any written response to it.
Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency,
The first court warrant against
Direction to release Anderson must have come from CM: Ex HS
New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday said that the then Chief Minister Arjun Singh may have given directions to officials to release former Union Carbide chief Warren Anderson.
Sharma, who was the Home Secretary when the
"Right from the beginning there had been some soft approach towards the whole thing otherwise he (Anderson) would have not been kept in a guest house when he was in custody. Releasing an accused of such a heinous crime on the same day means there was a tremendous pressure," he said.
"...It is difficult to say from where this pressure came but certainly the pressure from Chief Minister on officials must have been there because no officer would take such a step without direct instructions from government."
Sharma claimed despite being the Home Secretary he was not kept in the loop and "not informed about
To a question whether there was pressure on Arjun Singh, he said: "This is not known to me whether there was some pressure on Arjun Singh or not...I did not discuss with Chief Minister Arjun Singh. I really do not know.
"But he certainly gave (some) instructions because the Collector had said the Chief Secretary told him. The Chief Secretary should not have told him. The Chief Secretary should not have passed on these instructions without very strong instructions from the Chief Minister," he said.
He also questioned the Government's decision to keep
"It is certainly unusual. Although in a few cases it does happen but it is when the offence is not heinous and the person is respectable. But so far as this case is concerned, 15,000 persons have died and keeping accused in rest house was certainly, I would say, very unfortunate and shouldn't have been done," Sharma said.
"When the case, which was registered under Section 304 which is a non-bailable cognisable offence in which the bail can only be granted by Sessions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal," the former bureaucrat said.
"In a high profile case, in which so many persons died and somebody who had come from the
Sharma said the then Bhopal Superintendent of Police had informed him about
"Whether there was pressure or not, I am not aware because till his release I was not in the loop. I was not consulted at all. So I have absolutely no information whether there was pressure to release," Sharma said.
Congress denies Rajiv had a role in Anderson escape
New Delhi: The Congress party on Friday strongly rejected a former prime ministerial aide P.C. Alexander's indication that the then prime minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union Carbide Corp in 1984, escape from the country within days of Bhopal gas tragedy.
Alexander reportedly stated that Gandhi and then Madhya Pradesh chief minister Arjun Singh were directly in touch with each other over the escape of
Congress spokesperson Jayanti Natarajan said there "is nothing unusual" in a prime minister and a chief minister being in constant touch with each other.
She said the Group of Ministers for
The GoM is headed by Home Minister P. Chidambaram and includes Law and Justice Minister M. Veerappa Moily, Health Minister Ghulam Nabi Azad, Minister for Road Transport and Highways Kamal Nath, Minister for Chemicals and Fertilisers M.K. Alagiri, Minister for Urban Development Jaipal Reddy, Science and Technology Minister Prithviraj Chauhan and Minister of Housing and Tourism Kumari Selja.
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