Bhopal gas victims get too little justice, much too late

All eight accused convicted after 26 years but on lesser charges than the original ones brought against them

PTI | June 7, 2010



26 years after the world's worst industrial disaster that had left over 15,000 people dead, a local court today convicted all the eight accused including former Union Carbide chairman Keshub Mahindra in the Bhopal Gas tragedy case.

Chief judicial magistrate Mohan P Tiwari pronounced the verdict in a packed court room convicting 85-year-old Mahindra, and seven others in the case relating to leakage of deadly methyl isocyanate gas in the intervening of Dec 2 and 3 1984.

They were held guilty under Sections 304-A (causing death by negligence), 304-II (culpable homicide not amounting to murder), 336, 337 and 338 (gross negligence) of the Indian Penal Code. The Supreme Court had earlier struck down the charges of culapable homicide amounting to murder and reduced it the lesser charges which this court tried them for.

However, there was no no word on Warren Anderson, the then chairman of Union Carbide Corporation of the US, who was declared an absconder after he did not not subject himself to trial in the case that began 23 years ago.

Others found guilty are Vijay Gokhle, the then managing director of UCIL, Kishore Kamdar, the then vice president, J N Mukund, the then works manager, S P Choudhary, the then production manager, K V Shetty, the then plant superintendent and S I Quershi, the then production assistant.

Mahindra and six other accused received the maximum sentence given for the charges - two-years imprisonment.

Except Quershi, all the seven others, including Mahindra, were present in the court. A ninth accused R B Roy Choudhary, the then former Assistant Works Manager of UCIL, Mumbai, had died during the course of the trial.

A total of 178 prosecution witnesses were examined in the trial and 3008 documents were produced while eight defence witnesses deposed in the court.

Anderson, who did not face trial, is based in the US. The companies--Union Carbide Corporation, USA and Union Carbide Eastern, Hong Kong --were also not represented in the trial.

FIR in the tragedy was filed on December 3, 1984 and the case was transferred to CBI on December 6, 1984. The CBI filed the chargesheet after investigation on December 1, 1987.

Subsequently, a local court had framed charges against the accused.

CBI counsel C Sahay had argued that defective design of UCIL and its poor maintenance resulted into the tragedy that had left 2259 dead immediately after the mishap. The lingering effects of the highly poisonous methyl isocyanate killed over 15,000 people.

Sahay contended that Union Carbide Corporation, USA, in its survey of the factory in 1982 had found serious safety and maintenance lapses on nearly 10 counts.

The prosecution argued that even after UCC experts' team visit to the factory, adequate safety measures and maintenance works were not undertaken in UCIL.

A Central team, which visited the UCIL plant post-tragedy in 1984, also found lapses in safety norms and maintenance, the counsel had said.

Refuting the charge that lapses in maintenance and safety norms had led to the tragedy, defence counsel D Prasad and Amit Desai had argued that all steps were followed to keep the UCIL's Bhopal factory in a proper shape.

The defence had also refuted the charge that a team of Union Carbide Corporation, USA, which visited the plant following the death of a worker here in 1982, had found any fault in the unit.

The defence had contended that the UCIL was so much concerned on the safety front that after the death of Mohammed Ashraf Khan, it had reported the matter to the UCC, USA, which had carried out a safety audit.

Following is the chronology of the events:

December 3, 1984: Toxic methyl isocyanate gas releases from Union Carbide India Ltd's (UCIL) pesticide plant in Bhopal killing about 15,000 people and injuring at least five lakh others. Millions were left sick and the affected passed on the harmful effects of the gas to the next generations.

December 4, 1984: Warren Anderson, the chairman of Union Carbide, is among nine people arrested. But he was freed on bail of USD 2,000, upon a promise to return. Union Carbide is named as the 10th accused in a criminal case charged with culpable homicide.

February, 1985: Indian government files claim for USD 3.3 billion from Union Carbide in a US court.

1986: US District Court judge transfers all Bhopal litigation to India.

December 1987: CBI files chargesheet against Warren Anderson and other accused, including UCC (USA), Union Carbide (Eastern) Hong Kong, and UCIL. Summons served on Anderson and UCC on charges of culpable homicide.

February 1989: CJM, Bhopal, issues non-bailable warrant of arrest against Warren Anderson for repeatedly ignoring summons.

February 1989: Indian government and Union Carbide strike an out-of-court deal and compensation of USD 470 million is given by Union Carbide.

February - March 1989: Public protest against the unjust settlement followed by filing of a number of review and writ petitions against the settlement in the Supreme Court by the Bhopal Gas Peedith Mahila Udyog Sangatan (BGPMUS), the Bhopal Gas Peedith Sangarsh Sahayog Samiti (BGPSSS) and other concerned groups.

1992: Part of USD 470 million is disbursed by the government among Bhopal gas victims.

February 1992: Anderson declared fugitive by law for ignoring court summons.

November 1994: Despite numerous petitions by survivors' groups, the Supreme Court allows Union Carbide to sell stake in UCIL to McLeod Russell (India) Ltd of Calcutta.
 

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