shame to supreme courts of usa & india

7/29/2019 SHAME to Supreme Courts of USA & INDIA

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

Working For The Rights & Survival Of TheOppressed

Editor: NAGARAJA.M.RVOL.7 issue.39 .25/09/2013

There is a higher court than the court of justice and that is the court ofconscience 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 responsibilitytowards survivors of the devastating Bhopal industrial disaster, Amnesty International said afterthe company was summonsed to appear before a court in Bhopal, India.

The company has been ordered to explain why its wholly-owned subsidiary, Union CarbideCorporation (UCC), has repeatedly ignored court summons in the ongoing criminal case

concerning the 1984 Bhopal disaster, where UCC is accused of culpable homicide notamounting to murder.

Todays court decision is an important step in ensuring corporate accountability for thedevastating consequences of the Bhopal gas leak, said Audrey Gaughran, Director of Global
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Issues at Amnesty International.

Dow has always tried to claim it has nothing to do with UCCs liability for Bhopal, but the courthas today made it clear that Dow itself has a responsibility to ensure that UCC faces theoutstanding charges against it. Dow can no longer turn its back on the tens of thousands stillsuffering 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 ofUnion Carbide Corporation for one of the worst corporate disasters in world history, SatinathSarangi, 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 Carbidesabsconding from serious criminal charges for the last 21 years to the Bhopal Court, said HazraBee, a survivor-activist who lives right across from the former Union Carbide plant in JaiprakashNagar.

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

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 andreproductive health disorders.

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

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

Dow has owned UCC since 2001 but has consistently denied responsibility for any UCC liabilityin relation to Bhopal, ignoring calls by survivors and human rights groups to address the ongoingenvironmental 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 twoare separate companies. But todays court ruling means Dow must explain to the Bhopal chief

judicial magistrate why it has failed to ensure its subsidiary appears in court.

Dows attempt to distance itself from its wholly-owned subsidiary UCC has always ignored thereality of the relationship between the two companies. Todays court summons has confirmedthat Dow itself must ensure that UCC faces up to its responsibilities, said Gaughran.

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


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Editorial : BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Courtof India & Supreme Court of USA

Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXEDyears 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 Injusticecan only happen in banana republics , where rich crooks are protected byauthorities & courts. SHAME SHAME to supreme court of India , supremecourt of USA & Government of USA , for practicing double standards inenforcement 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 richcrooks where as poor innocents are harassed , tortured by the very samepolice & judges . In india Some MP , MLAs even take money for askingquestions in parliament / legislature , Favourable laws are enacted tolegalize crimes of rich crooks for example : Illegal land encroachments byrich crooks. The same MPs , MLAs are not aware about problems of poor

public , they dont even open their mouth for asking questions on welfareof poor , let alone enact laws for welfare of poor. No government law , nodecisions of judges , no orders of public servants are sacrosanct . Hereby ,e-voice urges the supreme court of india ,

1. To le all rosecute the urisdictional olice who chan ed the
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charge sheet , who let out Main criminal Anderson illegally withoutorders from the court.

2. To legally prosecute the SSP , DC of the district , Then ChiefMinister of Madhya Pradesh & Then Prime Minister of GOI , who fullyaided 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 clauseunder which Anderson & others were charged.

The Public servants Mps , MLAs , Judges , IAS / IPS officers , Police takethousands of rupees monthly salary , cars , bungalows , 5-star hotel stay

together with 5-star meal complete with alchoholic drinks , 5-star healthcare at premium hospitals , business class air travel , foreign tours , etc allat tax payers expense. After enjoying to the hilt at taxpayers expense ,these same public servants dont serve the public , they serve the richcrooks , anti nationals in their greed for more money.

All the while the same poor tax payer suffers without justice . In Indiamore 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 gravesof Bhopal Gas Victims. Atleast this will open the eyes of honest few inpublic service police , judiciary & parliament , it is a fond hope. Jai Hind.Vande Mataram.

Yours sincerely,

Nagaraj.M.R.
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HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS TOLAMP POSTS

- Another independence struggle in India needed ?

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

The criminalization of politics , executive & judiciary is almost complete. Thecorruption has spread it's tentacles far & wide , there is corruption from womb totomb ,from maternity hospital to grave yard. The injustices meated out , theatrocities perpetrated by by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when acommoner suffers injustice he can appeal to respective government official or policefor justice , still if doesn't get justice he can appeal to court of law , further theaggrieved 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 wonindependence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to theaggrieved , when corrupt judges-police-politician-public servants act as a criminalnexus & block justice delivery, the commoner has only 2 options , either to suffer insilence or to take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs cabinet ministers , police werefound to be guilty of torture , murders of innocents by justice sri Krishna enquirycommission. The government is sitting over enquiry commission report. The court isnot taking suo-motto action in public interests a result , the guilty ministers & policewho 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-upbegins right from start ie FIR Registration. Police conduct name sake enquiry ,investigation, suppress evidences , witnesses , destroy some of them , theprosecution takes a favourable stand putting up weak arguments. Naturally, theguilty official , minister is acquitted by court for lack of evidences. So, the guilty who


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should have been rightfully put behind bars , hanged goes scot-free , to commitmore crimes , more anti-national activities.

In such cases , if the suffering public give the legal punishment to the guilty , whichshould have been given by the court but failed. Are not such acts of public, to upholdlaw & dignity , national security right & patriotic ? if any body terms it as crime , that

means guilty VVIPs , police , public servants should be left unpunished allowing themto commit more crimes , anti-national activities. Is that right from national securityangle ? is it equality before law & equitable justice ?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhashChandra bose , bhagath singh , veer savarkar others who took violent path ofindependence struggle & killed inhuman british officers, police & judges havecontributed valuably ,immensely to our freedom struggle. One of the main causes oforigin 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 isnot 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 sideof natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of corrupt publicservants 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 GOIhas created , funded , supported , given training , arms & ammunition to variousterrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting indestruction , mass murders of innocents there . In india itself in assam , Kashmir , theGOI has created counter terrorist outfits to reduce the reach of terrorist groups. Thebihar , jharkhand , chattisgarh state governments have created armed gangs SALWA

JUDUM to counter naxal outfits , are all these acts of government right , legal ? thedays of dogs death for corrupt is quite nearby. it is high time , to the corrupt toreform , repent themselves.

In our own experience, e-voice didn't get justice from authorities in many cases ofinjustices brought before it , most shameful fact even supreme court of India failedto register PILs , even shameful supreme court of India even failed to giveinformation 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 hisfundamental duties. Still, e-voice believes in peace , democratic practices. E-voicefirmly believes that violence should not be practiced by anybody neither state norpublic.


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Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law& dignity of democratic institutions. Atrocities , violence , corruption breeds moreviolence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperousdemocratic nation. let us build a true democratic India , free of corrupt publicservants.

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 25,000for 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 thepeople of this country. And this mockery of justice after such a long wait. Twenty sixyears after 40 tonnes of lethal gas seeped into the lungs of Bhopal, families of some17,000 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 stilldrinking toxic water poisoned by Union Carbide in December 1984. And the mainculprit 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 theworld, its India. Its not Iraq. Its not Somalia. Its not Sudan. Its India.

India its government, judiciary and corporates accepted the ridiculous amount of$450 million dollars for the people killed and maimed by methyl isocyanate leakedfrom the Union Carbide factor in the heart of Bho al three decades a o. In all these
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years, the poor victims have done everything they could to get justice andcompensation. They have cried and died on streets, sat hungry and faced policelathis 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 happywith the peanuts thrown at them by Union Carbide. Today, India proved once again

that it doesnt care for its poor. Today, it was proved all over again that those who dopolitics 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 incourt. The chairman of UC at the time of the gas attack (it was not an accident, thegas leak was caused because of cost-cutting steps taken by him) on the people ofBhopal, Anderson was arrested and later released on bail. He ran off to US in 1986and we have not been able to find him or ask the US to extradite Anderson to India.

Why? The government says it doesnt know where Anderson is. What a lie. What ashame.

Last year, on a balmy July day, a bunch of victims danced on the streets afterhearing news that the Chief Judicial Magistrate of Bhopal had ordered the CBI toarrest Anderson and produce him before the court without delay. The court alsoasked the CBI to explain what steps it had taken since 2002 to enforce the warrantand extradition of Anderson, who was declared an absconder in 1992. Though theCBI and US government failed to track Anderson, supporters of Bhopal victims traced

him to the elite New York neighbourhood of the Hamptons. In 2003, Greenpeaceactivists paid Anderson a visit at his home and handed him an arrest warrant.

Todays ridiculous judgment in Bhopal didnt say anything on Anderson as he is aproclaimed offender. This status suits him fine because he doesnt have to botherabout 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 itoperated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures designed to prevent agas 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


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Union Carbide and that was caused by cost-cutting measures taken by Anderson. Is itbecause 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 amass murderer like Anderson go scot-free. Is it because he is an American? Can anAmerican 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 toquestion David Headley Coleman, an American citizen responsible for the worstterror attack on an Indian city in 2008. Will we succeed in getting Headley extraditedto India? No way. Never.

Today, India proved that it doesnt really care for its people, particularly if they havebeen 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 thanhappy to sell its dead cheap.

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

Bhopal gas tragedy: 8 found guilty, get bail

BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the26-year-old Bhopal gas tragedy case have been granted bail and released onsubmission of a surety of Rs 25,000 by a trial court in Bhopal, according to a TimesNow report.


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Earlier on Monday, eight accused, one of whom is deceased, were sentenced to twoyears in prison for causing death due to negligence.

Reacting to the development, representatives of the tragedy's victims and theirfamilies who have been protesting outside the court, said they would approach theMadhya Pradesh High Court to allow the slapping of more stringent charges againstall those accused in the case.

The Magistrate court in Bhopal on Monday convicted all eight Indians accused in the1984 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 andleft an unspecified number battered with diseases and deformity - the toll of victimsis still rising.

Despite Monday's conviction, there is little closure for victims. Legal experts havealleged that there was an attempt to cover up the case. It took the CBI three longyears 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 - formerUnion Carbide (USA) chairman Warren Anderson still on the run and unlikely topresent 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 Headleyaka Daood Gilani, there was Warren Anderson.

As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over26 years a travesty of justice to many, two principals associated with the disaster


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have faded from sight even as newer culprits in most recent outrages (BP oil spill andMumbai's 26/11 massacre) are in the spotlight.

Union Carbide, the American chemical company that became notorious for theworld's worst industrial disaster, is now a wholly owned subsidiary of the DowChemical Company. And Warren Anderson, Union Carbide CEO, at the time of thedisaster 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 officialswere not part of this case since the charges were divided long ago into a separatecase. "Furthermore, Union Carbide and its officials are not subject to the jurisdictionof the Indian court since they did not have any involvement in the operation of theplant, which was owned and operated by Union Carbide India Ltd, (UCIL)" aspokesman 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 convictedare the "appropriate people from UCIL officers and those who actually ran theplant on a daily basis have appeared to face charges."

"I want you to know that Union Carbide continues to have the utmost respect andsympathy for the victims of the tragedy and their families. Union Carbide did all itcould to help the victims and their families from Day 1 right up through thesettlement 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 theswish Long Island neighbourhood of Bridgehampton, avoiding social contact andhiding 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 awarrant, 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 andblurting out that he had nothing to do with the Bhopal disaster (even though Harrellhadn't mentioned anything about the disaster).


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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 mildpunishments to the Bhopal gas leak accused whose collective negligence caused anindustrial catastrophe. For, the court's decision to frame charges against them underSection 304-II of IPC that attracts a maximum jail term of 10 years was setaside by the Supreme Court itself on September 13, 1996.

Appearing for CBI, then additional solicitor general Altaf Ahmed had argued beforethe SC that the accused knew about the potential danger of the lethal gas escapingand hence should be tried under the stringent provision.

"There was ample material produced by the prosecution in support of thechargesheet which indicated that all the accused shared common criminalknowledge about potential danger of escape of the lethal gas MIC both onaccount of the defective plant which was operated under their control andsupervision at Bhopal and also on account of the operational shortcomings detectedby the Varadarajan expert committee," Ahmed had said in court.

However, a bench comprising then Chief Justice A M Ahmedi and Justice S BMajmudar disagreed. "On our finding that the material pressed in service by theprosecution does not indicate even prima facie that the accused were guilty of anoffence 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 primafacie," the bench said. It then quashed the charge framed against the accused underSection 304-II.

As legal experts decried Monday's verdict and activists involved in rehabilitation of


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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's1996 judgment.

"The dilution of the charges against the accused persons in 1996 by the SupremeCourt 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 courthad erred by converting the charges from Section 304-II to Section 304A (deathcaused by a rash and negligent act, under which the BMW hit-and-run accused wastried). "The management of Union Carbide knew that necessary safety measureswere not in place and a leak of the kind that resulted in the tragedy was a distinctpossibility," he said.

END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

Shortly before midnight on 2 December 1984, thousands of tonnes ofdeadly chemicals leaked from Union Carbides pesticide plant inBhopal, central India. Around half a million people were exposed.Between 7,000 and 10,000 people died in the immediate aftermath and afurther 15,000 over the next 20 years.

Nearly 25 years later, the factory site has not been cleaned up. Morethan 100,000 people continue to suffer from ongoing health problems.Efforts to provide rehabilitation both medical care and measures toaddress the socio-economic effects of the leak have fallen way shortof what is needed.

Many of those affected are still waiting for adequate compensation andthe full facts of the leak and its impact have never been properlyinvestigated. No one has ever been held to account for what happenedat Bhopal and efforts by survivors organizations to use the Indian

and US court systems to see justice done and gain adequate redresshave so far been unsuccessful.

Bhopal is not just a human rights tragedy from the last century itis a human rights travesty today. The legacy ofBhopal persistsbecause the people ofBhopal have never been able to claim theirrights. Moreover, the negative impacts of the leak are affecting newgenerations. Studies have shown how the exposure to the toxic gascauses long-term effects, which can continue in children born in gas-exposed families.

For 25 years the Indian government has failed the people ofBhopal.Promises have been repeatedly broken and no adequate action has everbeen taken to address the impacts of the gas leak.

No company can be allowed to evade responsibility for the impacts of


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its operations. Union Carbide must be held to account for whathappened at Bhopal. Dow Chemicals, which now owns Union Carbide, mustcooperate fully with the Indian government and the courts in India toensure justice is done and the site is fully cleaned up.

BHOPAL GAS TRAGEDY1984 -Bhopal, India

At the first instance the Government of India failed to ensure thatUnion carbide India Limited (U.C.I.L) has installed proper safetymeasures and fully implemented it in practice, at it's plant inBhopal. The Government of Madhyapradesh through it's labourdepartment, factory inspectorate & pollution control board failed toenforce safety practices & environmental protection. In turn, theU.C.I.L didn't install in full, the safety measures being followed byit's parent company union carbide corporation (U.C.C) at it'sVarious plants in the U.S.A. The U.C.I.L. didn't give community

training to residents of nearby localities, to cope up withemergencies ie. Industrial accidents. U.C.I.L gave a go - by to safetypractices, as it treated Indian lives as cheap. The government ofMadhya pradesh instead of shifting slum dwellers around U.C.I.L, toother safe place, gave them legal title deeds just months before thetragedy 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 ofmanslaughter. However, the Government of India got him released.

2. In 1985, Government of India enacted "Bhopal claims Act" took- awaythe right of appeal of all the Gas tragedy victims & declared itselfas the sole representative of all victims. This said act itself isviolative of victim's fundamental & human rights. Thevictims didn't choose Government of India as it's representative underwill, agreement, trust or pleasure.

3. The paradox of this "Bhopal claims Act" is that, Government ofIndia which is also a party to the crime, tragedy, itself is theappellant. The appellant (Petitioner),defendant are Government ofIndia, Prosecution by Government of India & Judged by Government ofIndia.

4. In 1989, when an appeal about interim compensation to be paid bythe U.C.I.L to all the victims was being heard in the apex court, thesupreme court of India without giving a chance to the victims to maketheir point, without consulting them, without making a properassessment 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 consultingthe victims of disaster, without making proper assessment of damages/losses, negotiated a settlement with the U.C.C. and in turn gave full


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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.Cis 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 distributecompensation in time to victims. It has failed even to provide safedrinking water to the residents near the accident site, It has failedto provide comprehensive medical care to the victims, tilldate . It has even failed to get the accident site cleared off toxicwastes either by the culprit management or by it self, that too after20 years. The very presence of these toxic wastes since 20 years isfurther contaminating, polluting the environment and taking toll ofmore victims.

Particularly in the case of "Bhopal Gas Tragedy" the supreme court ofIndia & 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.CENRON set-up a power project in Maharashtra, India through it'ssubsidiary. When Maharashtra state Electricity Board failed to liftpower from Enron& pay them monthly guaranteed revenue, Enronthreatened to invoke, open the "Eschrew Clause" with the Governmentof India & to approach international arbiter U.K. Government of Indiahas stood as conter-guarantee in this case. Finally the Government

paid, of course subsequently the parent ENRON collapsed due to otherreasons. If in this case if Government of India failed to pay-up as acounter guarantee & refused to comply with the award of Internationalarbiter, definitely Government of U.S.A. would have stepped into thescene to protect it's MNC. Hypothetically, In the same vein if Enronhas caused damages to Indians either through negligence of safepractices or industrial accidents or bank fraudsamounting over and above it's Capital base & insurance cover, then itwould have been the duty of parent Enron & Government of U.S.A. tostep 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 newowner 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 isthe 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 tragediesoccur or when they cheat Indian banks/ investors, it is Indians whosuffer. The ministers & bureaucrats thinks themselves as wizards andenters into agreements with MNCs, industrialists in a hush-hushmanner, with vast scope for possible corruption. Is it not the duty of


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government to be transparent ?An appeal to honourable supreme court of USA & HE Honourable presidentof USA Mr.Obama

Your government protects all Americans, all American companies bothinside America & abroad. If an American tourist is murdered in a thirdcountry , American investigators fly over to that country to conduct

investigation in total disregard to local laws. In the same way , ifthe interests of an American company is threatened in a third countryAmerican government goes to it's rescue.However , when an American company butchers , causes mass manslaughter in a third country , as an American company did in BhopalIndia , no action by American government. Still the said Americancompany has not removed , cleared the accident site of poisonousdebris at Bhopal India since decades and still causing mass manslaughter , 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 gravehealth damages to the public. The quality standards of these productsare fit cases of rejections by US FDA. Some US companies are sellingdrugs ( which are banned in the USA ) to third world countries , stillus companies are exporting such dangerous medicines , foods to thirdcountries . no action by US government , why ? is it because you thinkthat the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,1 . to initiate criminal prosecution against US based key managementpersonnel responsible for Bhopal gas tragedy .2 . to make either the respective company management or US governmentto pay compensation to victims ofBhopal gas tragedy on par withAmerican 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 sellingproducts ( which violates US FDA regulations or banned in the USA fordomestic consumption ) to third countries.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers who are going toloss all their lands , sources.of livelihood for the sake of special economiczones , industrial parks , etc in various states of India.


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In every mega projects undertaken by government , both the stategovernment & central government have functioned like REAL ESTATE /COMMISSION AGENTS for the rich & mighty . the government says it isacquiring lands for development of industries , for public good. In realitythere is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals fromgovernment , lands at concessional rates lower than market value , softloans from Indian banks , tax exemptions for years from the government ,dedicated power supply , etc , from the government . these corporates areeven given free hand to raise share capital in the Indian market. thegovernment has enacted flexible labour laws specifically for S.E.Zs , theycan hire & fire without bothering to pay gratuity , etc and they areexempted 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 ourown natural resources & finally take away the net profits to their homecountries 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. Thelocal industrialists under monopolisticenvironment thrived, who were no way better than day light robberers, ofcourse with a few exception. Under the political patronage, the cunningindustrialists looted public money, cheated the government of tax, cheatedlending banks & cheated the investorstoo. They easily flouted labour laws & made labourers to work in inhumanconditions.

During 1990's under the international pressure India signed GATT & slowlystarted opening it's economy. Now, from 01/01/05 even product patent hascome into force in India. Are MNCs bringing high technology intensiveindustries to India? No, not at all. They are actually denying sophisticatedtechnologies to India. They are onlybringing the FMCG industries - salt, chips, ketch-up, colas, for which Indiais a huge home market. They are into services like Hotels, medical care,marketing. In other cases, they are just marketing the productsmanufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas likespace research, nuclear energy, bio-technology, pharmaceuticals orpollution control, to India. Also, some MNCs are relocating their highlypolluting industries to India, as they are subjected to stringent


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environmental protection standards in their own home countries. Whereas,In India the Government is highly corrupt & can be bought for a price. Theattractive 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 theworkers exposed to the occupational hazards is less.

4. The cost of compensation to be paid to the persons-who died orsuffered damages due to occupational hazards/environmental pollution ismeager.

5. The enforcement of labour laws are lax.

6. Public money can be easily raised through lending Banks, primarymarket within India & the public can be easily cheated.

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

8. The tax can be evaded, company money can be cheated by lendingmoney to sister / holding concerns at low interest rates or by sellingshares, materials to their private companies at low rates or by buyingshares, 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, ifany dispute arise.

11. On top of it, well trained, technically qualified people are available atlow 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/technologicaladvancements, is till date has been unable to provide potable water to it's


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people. People of west Bengal , Karnataka , Andrapradesh states areforced to drink Arsenic, Fluoride poisoned water.

2. The people living near the mines of R.E.M.P. in Kerala are suffering dueto exposure to the radio active materials, Same is the case with thepeople of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/SR.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- activematerials were left unattended. The dome of reactor building atconstruction stage collapsed in nuclear power plant at Kaiga. A firetragedy occurred in Kakrapar nuclear power plant. In the recent Tsunamiwaves onslaught, certain important facilities of Koodakulam atomic plantwere damaged near Chennai.

4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000people, injured lakhs who are still suffering health problems. The pollutedpoisonous accident site i.e. Union carbide plant in Bhopal is not yet clearedoff 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'tpresent the case properly before supreme courts of India & U.S.A.. As aresult the MNC just paid a pittance as compensation. As per that the costof Indian lives are just a fraction of cost of

American lives. Just imagine if a same disaster occurred in U.S.A. at theplant of a MNC headquartered in India, what would have been theconsequence?

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

7. The medicines like nimesulide, paracetamol, etc. with hazardous sideeffects which are banned in U.S.A.& Europe, are easily marketed by thesame 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 donewithout proper compensation structure to those being tried upon ie.Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introducedwithout paying attention to formers, ecology or eco-system.

11. In India, durin settin u of lar e ro ects, scant attention is aid to


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environment, eco-system & the displaced persons.

Most of the times, in government projects itself the displaced persons arecheated 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 topublic health.

13. In India, aged ships belonging to foreign countries are breaked down toscrap in ship breaking yards of Gujarath , Maharashtra & AP. Varioustoxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil insidethe ship are drained into Indian seashore. The labourers here are forced towork without any safety gears.

14. When specific cases of human rights violations were brought beforethe government & Judiciary by us , both of them didn't respond at all.

All the above cases highlight the fact that, government of India & Indianjudiciary treats it's citizens lives as cheap, dispensable at will. This is themajor attracting force for MNCs to India.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that Unioncarbide India Limited (U.C.I.L) has installed proper safety measures andfully implemented it in practice, at it's plant in Bhopal. The Government ofMadhyapradesh through it's labourdepartment, factory inspectorate & pollution control board failed toenforce safety practices & environmental protection. In turn, the U.C.I.Ldidn't install in full, the safety measures being followed by it's parentcompany union carbide corporation (U.C.C) at it'sVarious plants in the U.S.A. The U.C.I.L. didn't give community training toresidents of nearby localities, to cope up with emergencies ie. Industrialaccidents. U.C.I.L gave a go - by to safety practices, as it treated Indianlives as cheap. The government of Madhya pradesh instead of shiftingslum dwellers around U.C.I.L, to other safe place, gave them legal titledeeds 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 theaccident site, local police arrested him on the charges of manslaughter.However, the Government of India got him released.


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2. In 1985, Government of India enacted "Bhopal claims Act" took- awaythe right of appeal of all the Gas tragedy victims & declared itself as thesole representative of all victims. This said act itself is violative of victim'sfundamental & human rights. Thevictims 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 Indiawhich is also a party to the crime, tragedy, itself is the appellant. Theappellant (Petitioner),defendant are Government of India, Prosecution byGovernment of India & Judged by Government ofIndia.

4. In 1989, when an appeal about interim compensation to be paid by theU.C.I.L to all the victims was being heard in the apex court, the supremecourt of India without giving a chance to the victims to make their point,

without consulting them, without making a proper assessment ofdamages/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 thevictims of disaster, without making proper assessment of damages/losses, negotiated a settlement with the U.C.C. and in turn gave full legalimmunity 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-gastragedy 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. Arenot the supreme court of India & Government of India, here to safeguardIndians and to safeguard Justice?

After all these crimes, the Government of India failed to distributecompensation in time to victims. It has failed even to provide safe drinkingwater to the residents near the accident site, It has failed to provide

comprehensive medical care to the victims, tilldate . It has even failed to get the accident site cleared off toxic wasteseither by the culprit management or by it self, that too after 20 years. Thevery presence of these toxic wastes since 20 years is furthercontaminating, 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'ssubsidiary. When Maharashtra state Electricity Board failed to lift powerfrom Enron& pay them monthly guaranteed revenue, Enron threatened toinvoke, open the "Eschrew Clause" with the Governmentof India & to approach international arbiter U.K. Government of India has


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stood as conter-guarantee in this case. Finally the Government paid, ofcourse subsequently the parent ENRON collapsed due to other reasons. Ifin this case if Government of India failed to pay-up as a counter guarantee& refused to comply with the award of International arbiter, definitelyGovernment of U.S.A. would have stepped into the scene to protect it'sMNC. Hypothetically, In the same vein if Enron has caused damages toIndians either through negligence of safe practices or industrial accidentsor bank frauds

amounting over and above it's Capital base & insurance cover, then itwould have been the duty of parent Enron & Government of U.S.A. to stepin & 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 ownerof 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- onforeign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India. They do signnumerous agreements, only favouring MNC. When tragedies occur or whenthey cheat Indian banks/ investors, it is Indians who suffer. The ministers& bureaucrats thinks themselves as wizards and enters into agreementswith MNCs, industrialists in a hush-hush manner, with vast scope forpossible corruption. Is it not the duty of government to be transparent ?

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

New Delhi: Bhopal gas tragedy prime accused Warren Andersons failed extradition

has kicked off a war of words between former CBI investigators and the law minister.

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

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Complete Coverage

The Bhopal Gas Tragedy

Officers who probed the case but have now retired claim their hands were tied by

government missives directing CBI not to pursue Andersons extradition.

In fact, the government had committed to the US that Anderson would not be

arrested during his visit to Bhopal in the aftermath of the tragedy. Accordingly, he

was allowed to return.

Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving

a letter from the ministry of external affairs to not pursue Andersons extradition.

I distinctly remember receiving a routine letter which said Warren Andersons

extradition may not be pursued. Normally, directions are not received throughletters. 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 [Andersons]

extradition, Lall said.

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 Andersons extradition.

But our hands were tied. In 1996, we got a major blow when the Supreme Court

deleted criminal sections from the case.

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 Lalls

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."
http://www.dnaindia.com/coverage/the-bhopal-gas-tragedy


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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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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 Bhopal Gas Tragedy

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."

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.
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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 side under India-US bilateral extradition treaty. This

request has already been reiterated on more than one occasion."

Anderson, 89, the then chairman of Union Carbide Corporation of USA, who lives in

the United States, appeared to have gone scot-free for the present as he is still an

absconder and did not subject himself to trial. There was no word about him in the

judgement of the Bhopal court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in and out ofBhopal in a state government plane was today strengthened by the aircraft's pilot.

''We got flight information from the then Director of Aviation R S Sodhi for a flight

from Bhopal to Delhi and were told to keep the aircraft, a state government plane,ready,'' Captain Syed Hasan Ali claimed in an interview to a news channel.

Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal

He added that Anderson's identity was kept a secret from him. ''We did not knowwho he was,'' he said.

Capt Ali further claimed that Anderson was alone in the aircraft and looked upset andtired. ''As we waited for him, he came with the then SP and the District Magistrate ofBhopal. When we landed in Delhi, an ambassador picked him up from next to the

plane and I left him with the airport manager,'' he claimed.

Anderson case not closed, he slipped because of CBI: Moily

Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singhgovernment that Anderson was allowed to fly.

''I had received a call from the office of the then Chief Minister, Arjun Singh, orderingto arrange Anderson's departure on December 7, 1984,'' Captain R S Sodhi claimedin an interview to a news channel today.

Eight held guilty for Bhopal gas tragedy, get two years in jail

He alleged Anderson, a few hours after he came to know about his charges withculpable homicide, reached the airport where the Chief Minister's official plane stoodwaiting for him, along with senior bureaucrats and police officers.
http://www.mynews.in/News/%20Eight_held_guilty_for_Bhopal_gas_tragedy,_get_two_years_in_jail%20_N60337.htmlhttp://www.mynews.in/News/Anderson_case_not_closed,_he_slipped_because_of_CBI_Moily_N60599.htmlhttp://www.mynews.in/News/Bhopal_Gas_Centre_reconstitutes_GoM,_MP_govt_to_file_appeal_N60881.html


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The city's Superintendent of Police and the district magistrate, Moti Singh, waved toAnderson as he boarded Singh's plane, he said. Earlier, Moti Singh had also allegedthat the then Chief Secretary of the state had called him to his room and told him toarrange for the flight of Anderson out of Bhopal.

''The then chairman Keshub Mahindra and UCIL's then managing director VijayGokhale 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 theUS citizen released on bail and send him to Delhi by plane,'' he said.

Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American parentcompany Union Carbide Corp responsible for the 1984 Bhopal gas tragedy, got out

of India on the governments order.

Moti Singh, who was the District Collector of Bhopal at the time of gas leak fromthe Union Carbide plant, said this to CNN-IBN on Wednesday.

He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the time, calledhim and the Superintendent of Police (SP) personally and asked him to releaseAnderson.

Anderson was arrested on December 7 but he was released the same day and flew

out of Bhopal in a state government plane to New Delhi, said Singh. SeveralUnionCarbide officials were arrested on December 7 and kept at the companyguesthouse after the gas leak on December 1, which was declared a temporarypolice station.

"At around 2 pm in the afternoon the Chief Secretary summoned me to hischamber in the Secretariat. We went there -- he (Chief Secretary) said MrAnderson was to be released and sent to Delhi by plane which was awaiting him atthe airport. We did legal formalities and Anderson was released on bail. He was puton the plane and he went to Delhi, said Singh.

The former official said he was never given reasons why Anderson was beingreleased. Singh claimed Anderson wanted to visited areas affected by the gas leakbut he was told there was a threat to his life.

"He was reluctant to leave immediately. He said he wanted to see the affectedareas and meet the people. I told him he was not welcome in Bhopal and thatthere was risk to his life and in no case he could be allowed to go to the affectedareas.

The former district collector claimed Anderson seemed casual and showedsymptoms of arrogance but toned down when he was told that he was beingreleased.

Singh recalls Anderson briefed him on how the deadly methyl isocyanate (MIC) gas


27/43

"leaks, how it works and what wind direction it will take. Singh says Andersonsinformation tallied with what was happening in the city.

Anderson was charged with culpable homicide not amounting to murder, grievousassault and killing and poisoning human beings and animals due to leakage of theMIC gas from theUnion Carbide's pesticide plant in Bhopal.

A Bhopal trial court on Monday convicted eight Indian officials of Union Carbide for

their criminal negligence that triggered the world's worst industrial disaster, butAnderson was not mentioned in the judgment.

Law Minister Veerappa Moily on Tuesday told CNN-IBN the case against Andersonwas not closed and blamed a former Central Bureau of Investigation officer, whohad investigated the gas leak, of not pressing for the Americans extradition.

Date : June 9th, 2010. News by Newsofap.com

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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 thenUnion Carbide CEO Warren Anderson and two others on bail by "deleting" in thecomplaint a stringent charge under the IPC against them, trial court sources saidtoday.

A perusal of court documents shows that the in-charge of the Hanuman Ganj PoliceStation, Surender Singh, had initially arrested Anderson, then UCIL chairman KeshubMahindra and senior company official Vijay Prakash Gokhale at 10.10 AM onDecember 7,1984 in the presence of one Rakesh Kumar under various sections ofIPC 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 topoisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle,other animals).
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Later, the police released the three, "deleting" the charge against them underSection 304, they said.

The sources said that police had no right to delete such a charge and in doing sothey had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leaveIndia," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which providesfor prison term of 10 years. However, the Supreme Court had dropped the stringentsection in the case.

Over 15,000 people were killed and thousands of others maimed when the deadlymethyl isocyanate (MIC) gas leaked from the Union Carbide plant on the interveningnight 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 1996verdict in the Bhopal gas tragedy case, has offered to resign from the post of BhopalMemorial Hospital Trust chairman.

Speaking to a daily, the former CJI said, I will send a fresh application to the newChief Justice of India asking to be relieved of the responsibility, though my previousapplication was pending with former CJI KG Balakrishnan.

Justifying his stand, Ahmadi said that he had not committed any impropriety byagreeing to head a multi-million dollar trust set up by the Union Carbide after the gasleak.

Justice Ahmadi, who headed the bench in 1996 that

converted the CBI charge under the stringent provisions of304-II that provided for maximum of 10-year imprisonment to Section with two-yearmaximum 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 culpablehomicide not amounting to murder to causing death by negligence.

Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilutionof 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 lawcan be amended to provide for adequate punishment.


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Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claimthat no one had filed a review petition after the Supreme Court dropped charges ofculpable 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 theSupreme Court, which was then headed by Ahmadi himself," the convenor of BhopalGas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.

As the guilty had not been charged under Section 304 of IPC (culpable homicide notamounting 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 091996, said he could not recollect whether a review petition was filed. However, hehad earlier stated in a television interview that no review petition was filed.

Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trustthat 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 publicdomain. The trust deed mandates that an SC judge should be its chairman andAhmadi has been at its helm since retirement.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister RajivGandhi [ Images ] whose role in letting the guilty in the Bhopal gas tragedy get offlightly is under the scanner due to the public outcry over the recent judgment in thecase -- 26 years after the event. On the night of 2/3 December, 1984, when deadlygas leaked from the Union Carbide plant in Bhopal, Arjun Singh [ Images ] was chiefminister 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 bythe American corporate lobby and the government on India to save the US-basedUnion 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 15,000who died due to the gas leak. More than five lakh victims who suffered chronicdiseases are struggling and pleading for help, even now.
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The June 7 judgment of a local court in Bhopal, sentencing the convicted officials ofthe Indian arm of Union Carbide to a mere two-year sentence, has made the entirenation 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 provesthat the tragedy of Bhopal started much before December 3, 1984.

Two years before the Union Carbide factory leaked killer gas, he wrote in a weeklymagazine called Rapat(news): 'Bhopaljwalamukhi ki kagaar par(Bhopal on the edgeof a volcano)'.

Keswani has witnessed the entire saga of deception of the victims of Bhopal by theIndian and American governments and multinational corporations. He shares hisagony in a telephonic interview with rediff.com's Sheela Bhatt.

You have been following the Bhopal gas leak case for 25 years. What wasyour first reaction on hearing the verdict on June 7?

I had no expectations on that day. The seed of this judgment was sown when aSupreme 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 amountingto murder) of the Indian penal code to 304-A (causing death by negligence) to try thecase. In 1996 we knew the fate of the Bhopal gas case. He diluted the charges filedagainst Union Carbide. What happened was the culmination of injustice that startedwith that judgment.

Was there a design behind this?

I can't say how it was done. But surely there was some design. Eventually, afterretirement, Justice Ahmadi became the lifetime chairman of the Bhopal MemorialHospital Trust and Research Centre which has funds worth millions of rupees. Thosemillions, paid by Union Carbide for the poor victims, are under his control even now.

The dilution of charges helped (UCC chairman) Warren Anderson and UnionCarbide in a big way, right?

When we talk about Union Carbide and Anderson, we must remember that they havenever 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 7judgment. Our country's system gave them eternal protection from any legalproceedings. There was no serious attempt at all to bring Anderson to this country inthe last 25 years.

Can you tell us what kind of evidence you had against the US-based UnionCarbide Corporation, parent company of Union Carbide India?

I started working on this story in 1981. That was the time when my friendMohammad 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 beingused in the Bhopal factory. I reported on his death and then worked for nine monthson knowing about the factory. I reported my first story in September 1982. InOctober that year I ran a series and wrote weekly reports against Union Carbide andthe possibility of risk to human lives due to the chemicals in the plant. People treated


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me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai kya? Aisa kabhihua hai kya is duniya mein?' (Do things like this happen? Have such things happenedanywhere in the world?)

People in government, who were in the know of things, were hand in glove with themanagement of Union Carbide. They would trust Union Carbide more than anythingelse. 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 theplant and said that certain safety measures must be taken, otherwise there could bea 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 andit could have a 'runaway' reaction. So the plant had problems before the leak in1984. There is enough proof. Second, UCC, USA said they were not involved in theday to day running of the plant so they could not be made responsible. There aretelex messages as proof which shows that the company in USA was totally involved inall 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 wasconvicted on June 7). He had sent a message asking for advice about coating thepipes. The US-based parent company sent him a message saying that the bestmaterial 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 wereadvising 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'tsee these telex messages?

He saw what he wanted to see. Actually, there was a review petition of his order buthe rejected it. We had sent messages to all the members of Parliament at that timeto press for a review of the dilution of charges against the company. There arehundreds of documents that suggest that the parent company was involved in therunning of the Bhopal company and they were aware of the problems in the plant. Isubmitted all of it in a US court too.

In 1982, I had documents to prove that safety measures in the plant were faulty. Imanaged to raise the Union Carbide plant issue in the MP assembly. The governmentdenied 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. Thegovernment said all these things in defence of Union Carbide in December 1982! Iwrote to the Chief Justice of India in 1982 to intervene in the Bhopal factory. Nobodycared. I got no response.


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Who played the bigger game in the Bhopal 'cover-up'?

Union Carbide Corporation, USA, played the game with the help of the Governmentof India and the government of Madhya Pradesh. If you find out how the settlementof 1989 was reached, you will know what I am saying is correct. The settlement wasdone with the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and theGovernment of India agreed to drop all civil and criminal cases against UnionCarbide, 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 Governmentof 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 thatpetition was the criminal case revived in June 1989. Anyone can understand what therole 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 sayanything on it.

But so much has been done by the foot soldiers of civil society. All over theworld 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 doneby the television media. If the people would have reacted in a similar manner in 1996to 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) KeshubMahindra's role. We have a grouse against it. It should be challenged. The Indianmanagers 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 theIndian government who could not withstand the might of the multinationals. Thecause of the tragedy was Union Carbide, but the injustice was due to the slowprocess of the judiciary and the Central Bureau of Investigation. The investigatingagency became a partner in crime.

Who helped Anderson? Who executed the operation to get him out of Indiaon 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 ArjunSingh didn't convey to New Delhi [ Images ] the popular sentiments on the ground inBhopal.
http://search.rediff.com/imgsrch/default.php?MT=delhi


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We reported these things then. We have no recordings of it now but we reportedthough our sources.

You are fighting since 26 years but now you see all around that people arereacting sensitively. There is a feeling of anguish and frustration. How doyou 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 uslaugh. It is good, and even bad sometimes. In the case of Bhopal tragedy it is goodthat 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 thecomplaint a stringent charge under the IPC against them, trial court sources saidtoday.

A perusal of court documents shows that the in-charge of the Hanuman Ganj PoliceStation, Surender Singh, had initially arrested Anderson, then UCIL chairman KeshubMahindra and senior company official Vijay Prakash Gokhale at 10.10 AM onDecember 7,1984 in the presence of one Rakesh Kumar under various sections ofIPC 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 topoisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle,other animals).

Later, the police released the three, "deleting" the charge against them underSection 304, they said.

The sources said that police had no right to delete such a charge and in doing sothey had exceeded their brief.

"If the charge had not been deleted, Anderson may not have been able to leaveIndia," they said.

The CBI had later booked Mahindra and Gokhale under Section 304 which providesfor prison term of 10 years. However, the Supreme Court had dropped the stringentsection in the case.

Over 15,000 people were killed and thousands of others maimed when the deadlymethyl 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


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that his government will go to any extent to get justice for Bhopal gas victims anddemanded an explanation from then Chief Minister Arjun Singh on how former UnionCarbide CEO Warren Anderson fled the country.

"We will go to any extent to get justice for the victims...This is not an issue of Bhopalor 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 thecircumstances that led to Anderson's escape.

"Let Arjun Singh explain it. Whether he did it (gave permission for providing stateaircraft) himself or anybody told him to do so. We want a reply from him if a wrongdirection 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 inthe 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 stategovernment to look into the issue and examine what could be done legally to getBhopal gas victims justice. The interim report of the team would be out in the nextten days, he said.

Asked about the conflicting statements of Congress leaders like Digvijay Singh andSatyavrat Chaturvedi on Anderson fleeing the country, Chouhan said he did not w

shame to supreme courts of usa & india

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