S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R… VOL.7 issue.39…… .25/09/2013

“There is a higher court than the court of justice and that is the court of conscience It super cedes all other courts. ”

- Mahatma Gandhi

BHOPAL GAS TRAGEDY IN INDIA

India: Court decision requires Dow Chemical to respond to Bhopal gas tragedy

US chemical giant The Dow Chemical Company (Dow) must acknowledge its responsibility towards survivors of the devastating Bhopal industrial disaster, Amnesty International said after the company was summonsed to appear before a court in Bhopal, India.

The company has been ordered to explain why its wholly-owned subsidiary, Union Carbide Corporation (UCC), has repeatedly ignored court summons in the ongoing criminal case concerning the 1984 Bhopal disaster, where UCC is accused of “culpable homicide not amounting to murder”.

“Today’s court decision is an important step in ensuring corporate accountability for the devastating consequences of the Bhopal gas leak,” said Audrey Gaughran, Director of Global Issues at Amnesty International.

“Dow has always tried to claim it has nothing to do with UCC’s liability for Bhopal, but the court has today made it clear that Dow itself has a responsibility to ensure that UCC faces the outstanding charges against it. Dow can no longer turn its back on the tens of thousands still suffering in Bhopal.”

Almost three decades after the Bhopal disaster, victims and their families have yet to receive adequate compensation from UCC or the Indian government.

“The summoning of Dow is potentially a giant step towards establishing the criminal liability of Union Carbide Corporation for one of the worst corporate disasters in world history,” Satinath Sarangi, a member of Bhopal Group for Information and Action, a local campaign group, said.

“As 100% owner of Union Carbide, Dow will now have to find a way to explain Union Carbide’s absconding from serious criminal charges for the last 21 years to the Bhopal Court,” said Hazra Bee, a survivor-activist who lives right across from the former Union Carbide plant in Jaiprakash Nagar.

The impacts of Bhopal continue to be felt today. Some 100,000 people continue to suffer from health problems. Ongoing pollution from toxic waste at the former factory site has never been addressed.

Research conducted by Amnesty International in December 2012 found that, since the gas leak, women in Bhopal have reported ongoing serious health issues including gynaecological and reproductive health disorders.

UCC held a majority share in Union Carbide India Limited, the Indian company that operated the pesticide plant responsible for the 1984 Bhopal gas leak, which it is estimated has killed more than 22,000 people.

In 1987, the Indian government brought criminal charges of “culpable homicide not amounting to murder” against UCC and its former chairman Warren Anderson. Since then, UCC has repeatedly ignored court summons in India and has yet to face justice for its role in the Bhopal disaster. Anderson escaped trial by simply living abroad. A request by the Indian government for his extradition is still pending with the US government.

Dow has owned UCC since 2001 but has consistently denied responsibility for any UCC liability in relation to Bhopal, ignoring calls by survivors and human rights groups to address the ongoing environmental and health impacts of the disaster.

Dow has always maintained that it did not own UCC at the time of the disaster and that the two are separate companies. But today’s court ruling means Dow must explain to the Bhopal chief judicial magistrate why it has failed to ensure its subsidiary appears in court.

“Dow’s attempt to distance itself from its wholly-owned subsidiary UCC has always ignored the reality of the relationship between the two companies. Today’s court summons has confirmed that Dow itself must ensure that UCC faces up to its responsibilities,” said Gaughran.

“Dow should publicly recognise this responsibility and address the ongoing human rights impacts in Bhopal. Dow also needs to explain why UCC has failed to show up in court, and to release publicly all information about the gas leak that UCC has withheld previously.”

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 Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.

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, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature , Favourable laws are enacted to legalize crimes of rich crooks for example : Illegal land encroachments by rich crooks. The same MPs , MLAs are not aware about problems of poor public , they don’t even open their mouth for asking questions on welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india ,

1. To legally prosecute the jurisdictional police who changed the charge sheet , who let out Main criminal Anderson illegally without orders from the court.

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 to escape , to jump law.

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 & others were charged.

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 Gas Victims. Atleast this will open the eyes of honest few in public service – police , judiciary & parliament , it is a fond hope. Jai Hind. Vande Mataram.

Your’s sincerely,

Nagaraj.M.R.

HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS
- Another independence struggle in India needed ?

After 66 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death.

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 India is no public servant is neither aware of the value of our hard won independence or the working of democracy.

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 Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.

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 India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.

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 india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

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 India , free of corrupt public servants.

Shame! India sold its dead cheap

Shobhan Saxena,

Around 22,000 dead. More than 1,20,000 injured. Rs 1 lakh for each body. Rs 25,000 for every poisoned lung and damaged heart and blinded eyes. 26 years of long wait. And just 2 years in jail for the men who committed the worst crime against the people of this country. And this mockery of justice after such a long wait. Twenty six years after 40 tonnes of lethal gas seeped into the lungs of Bhopal, families of some 17,000 men, women and children are still waiting for the so-called compensation. Thousands more are still waiting to be accepted as victims. People of Bhopal are still drinking toxic water poisoned by Union Carbide in December 1984. And the main culprit is living life kingsize in a mansion in New York.

No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.

Today – on the day of Bhopal disaster judgment -- if there is a failed state in the world, it’s India. It’s not Iraq. It’s not Somalia. It’s not Sudan. It’s India.

India – its government, judiciary and corporates – accepted the ridiculous amount of $450 million dollars for the people killed and maimed by methyl isocyanate leaked from the Union Carbide factory in the heart of Bhopal three decades ago. In all these years, the poor victims have done everything they could to get justice and compensation. They have cried and died on streets, sat hungry and faced police lathis on roads and filed court cases in the hope that one day they will get justice.

Today, they were denied justice. Today, they were told that they should be happy with the peanuts thrown at them by Union Carbide. Today, India proved once again that it doesn’t care for its poor. Today, it was proved all over again that those who do politics in the name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren Anderson in court. The chairman of UC at the time of the gas attack (it was not an accident, the gas leak was caused because of cost-cutting steps taken by him) on the people of Bhopal, Anderson was arrested and later released on bail. He ran off to US in 1986 and we have not been able to find him or ask the US to extradite Anderson to India. Why? The government says it doesn’t know where Anderson is. What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the streets after hearing news that the Chief Judicial Magistrate of Bhopal had ordered the CBI to arrest Anderson and produce him before the court without delay. The court also asked the CBI to explain what steps it had taken since 2002 to enforce the warrant and extradition of Anderson, who was declared an absconder in 1992. Though the CBI and US government failed to track Anderson, supporters of Bhopal victims traced him to the elite New York neighbourhood of the Hamptons. In 2003, Greenpeace activists paid Anderson a visit at his home and handed him an arrest warrant.

Today’s ridiculous judgment in Bhopal didn’t say anything on Anderson as he is a “proclaimed offender”. This status suits him fine because he doesn’t have to bother about coming to India and answer some very crucial questions:

*Why did Union Carbide not apply the same safety standards at its plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close to the factory, turned off?

The victims have always alleged that Bhopal happened because of negligence by the Union Carbide and that was caused by cost-cutting measures taken by Anderson. Is it because of this reason that Anderson has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government have to let a mass murderer like Anderson go scot-free. Is it because he is an American? Can an American come to India kill people in this country and run away with no consequences? That seems to be the case. We are still struggling to get a chance to question David Headley Coleman, an American citizen responsible for the worst terror attack on an Indian city in 2008. Will we succeed in getting Headley extradited to India? No way. Never.

Today, India proved that it doesn’t really care for its people, particularly if they have been slaughtered by powerful people from the most powerful nation in the world. Instead of taking on America and fighting for justice for its poor, India is more than happy to sell its dead cheap.

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail

BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedy case have been granted bail and released on submission of a surety of Rs 25,000 by a trial court in Bhopal, according to a Times Now report.

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 Bhopal on Monday convicted all eight Indians accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine has been imposed on UCIL.

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 gas case

Chidanand Rajgahtta,

Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.

As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over 26 years a travesty of justice to many, two principals associated with the disaster have faded from sight even as newer culprits in most recent outrages (BP oil spill and Mumbai's 26/11 massacre) are in the spotlight.

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 Long Island, New York.

Both have washed their hands off the Bhopal disaster. Union Carbide says its officials were not part of this case since the charges were divided long ago into a separate case. "Furthermore, Union Carbide and its officials are not subject to the jurisdiction of the Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide India Ltd, (UCIL)" a spokesman for the company told Wall Street Journal.

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 isn't talking. He hasn't spoken on record on the subject for nearly two decades. Now nearing 90, he lives with his wife Lillian in a million-dollar home in the swish Long Island neighbourhood of Bridgehampton, avoiding social contact and hiding from the media and activists who have struggled long to bring him to justice.

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 disaster (even though Harrell hadn't mentioned anything about the disaster).

Bhopal gas case: SC shot down move to slap tough charges

Dhananjay Mahapatra ,

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 in Dubai. Ahmed expressed disappointment, not with the trial court verdict but with the SC's 1996 judgment.

"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.

END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Bhopal, central India. Around half a million people were exposed.
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 Bhopal and efforts by survivors’ organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century – it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
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 Bhopal.
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 Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India

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
Bhopal. The Government of Madhyapradesh through it's labour
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 U.S.A. The U.C.I.L. didn't give community
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 Bhopal, India in 1984,
when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A 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 "Bhopal claims Act" took- away
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 "Bhopal claims Act" is that, Government of
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 India,
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 India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
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 India & to approach international arbiter U.K. Government of India
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 India.
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 America & abroad. If an American tourist is murdered in a third
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 Bhopal
India , no action by American government. Still the said American
company has not removed , cleared the accident site of poisonous
debris at Bhopal India since decades and still causing mass man
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 US companies are selling
drugs ( which are banned in the USA ) to third world countries , still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you think
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 Bhopal gas tragedy .

2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy on par with
American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal off
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 USA for
domestic consumption ) to third countries.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of 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 India. As people at that time perceived it as "Neo colonisation" & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic
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 India signed GATT & slowly started opening it's economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries - salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

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 India & the public can be easily cheated.

7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.

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 India & it's enforcement nil.

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 India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it's people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.

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 Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.

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 Bhopal is not yet cleared off toxic materials even after 20 years.
This is still further damaging the residents of Bhopal.

5. In the above union carbide disaster, the Government of India didn't present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?

6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.

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 India.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

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 Bhopal. The Government of Madhyapradesh through it's labour
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 U.S.A. The U.C.I.L. didn't give community 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 Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A 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 "Bhopal claims Act" took- away 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 "Bhopal claims Act" is that, Government of 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 India, 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 India are deadlier criminals than U.C.I.L&U.C.C.

Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's 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 India & to approach international arbiter U.K. Government of India 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 India. 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 ?

Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson goes scot-free

New Delhi: Bhopal gas tragedy prime accused Warren Anderson’s failed extradition has kicked off a war of words between former CBI investigators and the law minister.

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Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

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, Anderson may not have been able to leave India," they said.

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

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for the 1996 verdict in the Bhopal gas tragedy case, has offered to resign from the post of Bhopal Memorial Hospital Trust chairman.

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.

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 in Bhopal gas tragedy case, saying in criminal law there was no concept of vicarious liability.

He also lamented the lack of a law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate punishment.

Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claim that no one had filed a review petition after the Supreme Court dropped charges of culpable homicide against the accused in the case.

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"Our organisation had filed a review petition but that was dismissed in 1996 by the Supreme Court, which was then headed by Ahmadi himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.

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 Bhopal gas tragedy case verdict in on June 09 1996, said he could not recollect whether a review petition was filed. However, he had earlier stated in a television interview that no review petition was filed.

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 Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [ Images ] whose role in letting the guilty in the Bhopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent judgment in the case -- 26 years after the event. On the night of 2/3 December, 1984, when deadly gas leaked from the Union Carbide plant in Bhopal, Arjun Singh [ Images ] was chief minister of Madhya Pradesh [ Images ] and Gandhi was the prime minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on India to save the US-based Union Carbide, the parent company, from civil and criminal liability.
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 Bhopal saga was witnessed from close quarters by Rajkumar Keswani, an outstanding journalist, who had in fact foreseen this catastrophe. His work proves that the tragedy of Bhopal started much before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news): 'Bhopal jwalamukhi ki kagaar par (Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of Bhopal by the Indian and American governments and multinational corporations. He shares his agony in a telephonic interview with rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What was your first reaction on hearing the verdict on June 7?
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 Bhopal gas case. He diluted the charges filed against Union Carbide. What happened was the culmination of injustice that started with that judgment.
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 Bhopal or benefited by the June 7 judgment. Our country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring Anderson to this country in the last 25 years.
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide India?
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 Bhopal factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)
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 Bhopal. Their reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations in Jansatta before the 1984 gas leak.
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, USA said they were not involved in the day to day running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
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 UCC, USA escape their responsibility when they were advising Bhopal to economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety. Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
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 Bhopal company and they were aware of the problems in the plant. I submitted all of it in a US court too.
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 Bhopal factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the Government of India and the government of Madhya Pradesh. If you find out how the settlement of 1989 was reached, you will know what I am saying is correct. The settlement was done with the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and the Government of India agreed to drop all civil and criminal cases against Union Carbide, which was later challenged in the court. Who did this? It was Rajiv Gandhi who made this settlement possible. It was the ultimate shame that the Government of India accepted money for the victims to quash criminal proceedings against UCC.
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 Bhopal tragedy innumerable NGOs, from stalwarts like Indira Jaising to hundreds of local community leaders, fought for the victims but nothing came out of it. Why such a total failure?
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 Bhopal verdict would have been different.
How do you look at the Bhopal judgment?
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 Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of Bhopal?
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 Anderson? Who executed the operation to get him out of India on December 7, 1984?
The American government and the US embassy put pressure on the Indian government. They put pressure on the Prime Minister's Office. Rajiv Gandhi, reportedly, asked Arun Singh to ensure Anderson's release. Chief Minister Arjun Singh didn't convey to New Delhi [ Images ] the popular sentiments on the ground in Bhopal.
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 Bhopal case?
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 Bhopal tragedy it is good that TV is shaking our memories.

Police released Anderson after 'deleting' stringent 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, Anderson may not have been able to leave India," they said.

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 Anderson fled

New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on Friday said that his government will go to any extent to get justice for Bhopal gas victims and demanded an explanation from then Chief Minister Arjun Singh on how former Union Carbide CEO Warren Anderson fled the country.

"We will go to any extent to get justice for the victims...This is not an issue of Bhopal or the state. It should act as an example of how to give punishment in such cases," he told reporters here.

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 Anderson's escape.

"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 Bhopal gas victims justice. The interim report of the team would be out in the next ten days, he said.

Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion.

"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.

Anderson was the chairman of the Union Carbide Corporation (UCC) at the time of the disaster in December 1984 which left over 15,000 people dead.

Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency, Anderson's case had been closed.

The first court warrant against Anderson was issued in 1992.

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 Bhopal gas tragedy took place, said the pressure to release Anderson must have come from the Chief Minister as "no officer would take such a step without direct instructions from the government".

"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 Anderson's release."

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 Anderson in a guest house after his arrest and termed the grant of bail to him as illegal.

"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 US has been arrested and if he has been released same day on bail, not informing me or not keeping me in the loop, not consulting me was certainly not normal. In such cases the Home Secretary is always consulted."

Sharma said the then Bhopal Superintendent of Police had informed him about Anderson's arrest and he was not aware that he was released on bail.

"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 Anderson from the country barely days after the world's biggest industrial disaster in Bhopal Dec 2-3, 1984.

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 Bhopal gas tragedy would "gather all information and put it before the people".

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.

The Bhopal Gas Tragedy Continues

An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 Bhopal gas tragedy survivors, an American court has ruled that it was Union Carbide India Ltd (UCIL) and not its parent company, Union Carbide Corporation (UCC), which was responsible for the generation and disposal of the hazardous waste that has contaminated the city’s soil and groundwater.

While delivering his judgment on 26 June, Judge John F Keenan found “no evidence indicating that UCIL manufactured pesticides on UCC’s behalf, entered into contracts or other business dealings on UCC’s behalf, or otherwise acted in UCC’s name”. According to him, UCC and UCIL were separate entities at “arm’s length” from each other and UCC exerted no control over UCIL.

Significantly, it was the same court that in May 1986 sent the case for compensation to the Indian courts. At that time, the Indian government, on behalf of the victims, had filed a suit for $3.3 billion as compensation arguing that since the disaster was a consequence of decisions taken by the parent corporation, an American court was the appropriate forum.

Aware of the massive compensation awarded in cases of corporate malfeasance by US courts, UCC argued that the case be sent to India. The US court presided over by Judge Keenan ruled in favour of UCC and sent the case to India. “The court is firmly convinced that the Indian legal system is in a far better position than the American courts to determine the cause of the tragic event and thereby fix liability,” he had said.

In the context of the judgment delivered on 26 June, it would be interesting to see how it matches up with the pronouncements of the “far better” placed Indian judiciary on the specific issue of liability of UCC vis-à-vis that of its Indian subsidiary.

It was the same US court that in May 1986 sent the case for compensation to the Indian courts

Following Judge Keenan’s 1986 order, the case for compensation was presented before the Bhopal District Court where Chief Judicial Magistrate MW Deo directed that “UCC will deposit in this court Rs 350 crore for payment of substantial interim compensation and welfare measures for the gas victims”. Significantly, he did not make any pronouncement against UCIL.

UCC appealed against this order before the Madhya Pradesh High Court where Justice SK Seth upheld Judge Deo’s directions to UCC but brought down the compensation amount to Rs 250 crore. Judge Seth justified his direction on the grounds that, “UCC owned more than half the stock of UCIL as well as controlled its board of directors and as such was a parent and holding company of UCIL under Indian law. Thus, it was in fact the defendant UCC that designed, constructed, owned, operated, managed and controlled the Bhopal plant through its Indian subsidiary.”

In response to UCC’s contention that it had no control over the running of the Bhopal plant, Judge Seth observed, “During 1978-84, certain vital decisions regarding the fate of the Bhopal plant, including those relating to its sale, lease or dismantling and shipment to a foreign country, were taken at different stages by the UCC management, sometimes even without reference to the Indian company, indicating complete control of the defendant UCC over the affairs of the Indian company.”

UCC appealed against Justice Seth’s order in the Supreme Court and it eventually led to a collusive settlement in February 1989 for $470 million. The court directed that the bulk of the amount — $425 million — was to come from UCC and the rest from its Indian subsidiary. In October 1991, the order was modified and criminal charges against UCC and its officials and subsidiaries were reinstated. When UCC continued to abscond from Indian courts, in April 1992, Chief Judicial Magistrate Gulab Sharma directed that “movable and immovable properties of UCC located in India be attached”.

In June 2010, Chief Judicial Magistrate Mohan P Tiwari, in his judgment in the criminal case against UCIL and its officials, remarked, “The tragedy was caused by the synergy of the very worst of American and Indian cultures. An American corporation cynically used a third world country to escape from the increasingly strict safety standards imposed at home.”

Reportedly, Union Law Minister Salman Khurshid has refused to comment on Judge Keenan’s verdict absolving UCC of its liabilities. The least he could do is point out that between the 1986 and 2012 judgments, only one could be right.

Judgement Fixing in Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.

A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose.

Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the United States Constitution.

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".

Double Standard : BP And Bhopal
By Bill Quigley & Alex Tuscano

When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the lives of the people of India.
BP should pay $20 billion in compensation, probably even more. The people of India agree with that.
But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people within two weeks, and disabled hundreds of thousands of others – many still suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the heart of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused widespread birth defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and chromium.
While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. “Just between you and me, shouldn’t the world Bank be encouraging MORE migration of the dirty industries to the Less Developed Countries?... I’ve always thought that under-populated countries in Africa are vastly UNDER-polluted…”
Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap labor but also to avoid disastrous impact of these industries on the advanced countries.
Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of justice for one of the world’s greatest disasters.
We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all people, no matter where they live.
Together we must bring about change in corporate development. We have to emphasize social production for the needs of people and improved social relations.
If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not last.
Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree Indian prophecy “Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when the last fish has been caught, only then will humankind learn that money cannot be eaten.”

Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held that neither Union Carbide nor its former chairman Warren Anderson were liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.

US district judge John Keena in Manhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the Bhopal plant due to the disaster, and ruled that Union Carbide Corporation (UCC) and Anderson were not liable for remediation or pollution-related claims.

The court ruled that it was Union Carbide India Ltd, and not its parent company UCC that was responsible for the generation and disposal of the waste that polluted drinking water, and the liability rests with the state government.

Plaintiffs Janki Bai Sahu and others had alleged that "toxic substances seeped into a ground aquifer, polluting the soil and drinking water supply in residential communities surrounding the former Bhopal Plant site".

They alleged that exposure to soil and drinking water polluted by hazardous waste produced Union Carbine India Ltd caused injuries.

"The summary judgement record certainly indicates that UCIL consulted with UCC about its waste disposal plans and on non-environmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC's approval for the actions about which plaintiffs complain," the court said in its order.

"Moreover, there is no evidence in this extensive record indicating that UCIL manufactured pesticides on UCC's behalf, entered into contracts or other business dealings on UCC's behalf, or otherwise acted in UCC's name," it said.

The industrial accident, the worst in Indian history, led to the leak of poisonous methyl isocyanate, claiming thousands of lives in the Madhya Pradesh capital.

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If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.

date : 19.09.2013…………………………..Your's sincerely,

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Thursday, September 19, 2013

SHAME to Supreme Court