mr. obama free ms. devyani khobragade

8/13/2019 Mr. Obama FREE Ms. Devyani Khobragade

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S .O.S e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Sur i al Of The Oppresse!"!itor# N$%$R$ $.'.R( )O*.+ issue., ( ( . /0 /01 /2

SHAME SHAME Mr. President Government of USA
https://sites.google.com/site/sosevoiceforjustice/shame-shame-us/download.jpg?attredirects=0


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We admire ordinary American citizens . However we despise American officials for their inhuman attiudes dou!le standards " false e#o of superiority. $hey don%t respect the laws of othersoverei#n nations !ut e&pect other countrymen to respect US laws.Whenever US officials servin# in other countries as US diplomatswere cau#ht red handed for crimes ran#in# from drun'en drivin# vandalism terrorism etc the US #overnment didn%t let the hostcountries to le#ally prosecute them instead airlifted them !ac' toUS. (ow deceased Mr.Warren Anderson former head of Union )ar!ideresponsi!le for *hopal Gas $ra#edy was not sent !ac' to +ndia

for le#al prosecution. Mr. ,avid Headley master mind of - / 00 Mum!ai $errorist attac' is not yet handed over to +ndia for le#al prosecution why 1

+f US thin's it can prosecute it%s own citizens +ndia too canle#ally prosecute it%s own citizen Ms. ,evyani 2ho!ra#ade.+mmediately repatriate her !ac' to +ndia. $hat too char#esa#ainst her are not as #rave as a#ainst warren Anderson " davidheadley remem!er that.

3ou have strip searched H.E.Honoura!le President of +ndia Mr.A!dul 2alam " Honoura!le ,efense Minister of +ndia Mr.Geor#e

4ernandez when on official US visit. 3ou don%t practicediplomacy . +f US officials di#nitaries are strip searched when onvisit to +ndia how it will !e 1 Sad part is our +ndian 5eaders "officials have selfish motives lac' self esteem " respect formotherland and have not addressed these shameful acts of USwhen +t happened.

US #overnment has a #uilty feelin# and suffers from a syndromeof terrorist attac' always !ecause it is the father mother ori#in of terrorism world over since decades. +t%s own actions will

!oomeran# it%s own ille#itimate terrorist !a!ies li'e osama !inladen will ta'e care of USA. +n time USA will pay for it%s owncrimes.

Mr.President of USA We admire you as an individual !ut ashead of US #overnment you must mend your ways. We hope sanersense will prevail.


3/71

"D3TOR3$* # 40// 5 160// - S3%N TO *"%$**7 8ROS"C9T"S8ONSOR"RS OF T"RROR3S' 9S$ 5 8$:3ST$N & 3ND3$

Visit , read the petition & support by signing the petition demandingLEGAL PROSECUT O! O" SPO!SORERS O" TERROR S#

http$%% 'thepetitionsite'(om%)%*))+ -))+++prose(ute+the+sponsorers+o.+terrorism ,

http$%% 'petitionspot'(om%petitions%sponsor ,

Visit , read the petition & support by signing the petition demanding ACCOU!TA/ L T0 O" !1 A! 2U1GES & POL CE'

http$%% 'thepetitionsite'(om%3%a((ountabi4ity+o.+indian+5udges6signatures ,

http$%% 'petitionspot'(om%petitions%5udge ,

3n!ia5 9.S.$ 5 9.: 5 8akistan an! arious other ;ountriesha e gi en birth to & supporte! arious terror outfits5 all with theob


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rupees on training 5 ar=ing of ta=il terrorists in srilanka 5unne;essarily poke! it>s nose in east pakistan ;reating bangla!esh5;reate! terrorist outfits in puns boun!aries5 et;5 in the sa=e breath. What or!inary 3n!ians 5 ;o==onfolk nee! is foo!5 shelter 5 health;are & e!u;ation.

Take the ;ase of 9S$ 5 fro= the beginning sin;e !e;a!es 5 it is the habit of 9S a!=inistrators5britishers to sow the see!s of !is;ontent between two ;ountries 5 =ake the= to go to war withea;h other B si=ultaneously selling =ilitary har!ware worth billions of !ollars to those sa=e;ountries by the way =aking profit in billions & to finally play the role of a tru;e =aker therebygetting a foothol! in the newly for=e! go ern=ent plus getting re;onstru;tion pro


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human rights at(h has doubted the authenti(ity o. *%)) in it9s arti(4esmonths ago' it is 5ust a p4oy o. the bush to di7ert attention o. pub4i( .rom hisdipping ratings , domesti( prob4ems 4i


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3n turn these terrorist outfits terrori e! 5 =ur!ere! =illions of inno;ents & this Frankenstein=onster ;a=e ho=e to roost on Septe=ber 4 0 // . $fter Septe=ber 4 0 // 5 ea;h terror suspe;t isse erely torture! in hell like $bu %aribh prison 5 elsewhere by our authorities. For argu=ent sakelet us a;;eptthat these terrorists who =ur!er inno;ents !on>t !eser e ki! glo e treat=ent & rightly !eser e r!!egree torture. When a single terrorist !eser e su;h inhu=an r! !egree torture 5 what uantu=of punish=ent 5 torture @ pre ious presi!ents of 9S$ !eser e @ who ;reate! 5 ai!e! & abette!thousan!s of su;h terrorists 5 terrorist outfits H

?erby5 we appeal to the honourable Supre=e Court of 9S$ to or!er the fe!eral go ern=ent to to=ake publi; #

/. how =u;h 9S resour;es were spent fro= 9S TR"$S9R7 5 to finan;e terrorist outfits 5 =ilitary


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?ereby 5 we appeal to the honorable supre=e ;ourt of 9S$ to legally prose;ute 8re ious8R"S3D"NTS OF 9S$ in the last 2 !e;a!es 5 for ;ri=es of terror 5 as per the present 9S anti-terrorlaws.

Re;ently 5 in the issue of weekly publi;ation GThe WeekG 5 ;abinet =inister of go ern=ent ofsrilanka Bpre iously a !ea!ly terrorist & right han! =an of *TT" ;hief 8rabhakaran 'r. :aruna 5?i=self has state! in an inter iew that *TT" re;ei e! ar=s training in Ta=ilna!u State of 3n!ia 5 towage war against %o ern=ent of Srilanka. The usti;e ain Co==ission Of "n uiry 5 whi;hprobe! late 8' Ras assassination ;ase 5 also state! that Ta=il Terrorist outfits inSrilanka Re;ei e! =onetary 5 finan;ial 5 ar=s training support fro= go ern=ent of 3n!ia. %O3 hase en setup a ra!io station for ta=il terrorists of srilanka 5 within 3n!ian territory. %O3 spent billionsof !ollars of 3n!ian taApayer>s =oney for ai!ing & abetting terroris= 5 while billions of 3n!ianswere half star ing & going without a single =eal 5 without proper health ;are.

Re;ently 5 in a =e!ia inter iew the presi!ent of %o ern=ent of 8akistan 'r. ar!ari hi=self has;onfesse! that in the pre ious years the go ern=ent of 8akistan has ai!e! & abette! Terroris=for ta;ti;al gains of 8akistan 5 spen!ing billions of !ollars of 8akistani taApayer>s =oney. Whileor!inary 8akistanis were suffering fro= star ation 5 la;k of health ;are 5 et;.

$ll the abo e pro es that 8re ious 8resi!ents of %o ern=ent of 9S$ 5 pre ious 8resi!ents of%o ern=ent of 8akistan & 8re ious 8ri=e 'inisters of %o ern=ent of 3n!ia were the real =aster=in!s of T"RROR3S' 5 foun!e! 5 ai!e! 5 abette! T"RROR3S' FOR T?"3R OWN S"*F3S? %$3NS.3n turn 'ur!ering lakhs of inno;ent hu=an beings. These guilty pre ious presi!ents & pri=e=inisters are !ea!ly than OS$'$ E3N *$D"N.

?ereby 5 we appeal to the ?onorable Chief usti;es of supre=e ;ourts of 9S$ 5 3ND3$ 5 8$:3ST$N5 E$N%*$D"S? 5 SR3*$N:$ & 3NT"RN$T3ON$* W$R CR3'"S TR3E9N$* 5 to legally prose;ute

the pre ious 8ri=e 'inisters of 3ND3$ 5 the pre ious presi!ents of 9S$ & 8$:3ST$N 5 on ;hargesof =aster =in!ing T"RROR3S' & =ur!ering inno;ent people in their respe;ti e ;ountries .

Crimes of President of USA

https://sites.google.com/site/eclarionofdalit/crimes-of-president-of-usa ,

https://sites.google.com/site/sosevoiceforjustice/double-standards-of-governments-of-usa-india ,
https://sites.google.com/site/eclarionofdalit/crimes-of-president-of-usahttps://sites.google.com/site/sosevoiceforjustice/double-standards-of-governments-of-usa-indiahttps://sites.google.com/site/eclarionofdalit/crimes-of-president-of-usahttps://sites.google.com/site/sosevoiceforjustice/double-standards-of-governments-of-usa-india


8/71

https://sites.google.com/site/sosevoiceforjustice/9-11-wtc-lies-osama-obama

The Ehopal %as Trage!y Continues

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

IN YET another blow to the 1984 hopal gas traged! survivors, an "merican court has ruledthat it was #nion $arbide %ndia &td '#$%&( and not its parent compan!, #nion $arbide$orporation '#$$(, which was responsible for the generation and disposal of the ha)ardouswaste that has contaminated the cit!*s soil and groundwater.

+hile delivering his judgment on une, udge ohn 0eenan found no evidence indicatingthat #$%& manufactured pesticides on #$$*s behalf, entered into contracts or other businessdealings on #$$*s behalf, or otherwise acted in #$$*s name2. "ccording to him, #$$ and#$%& were separate entities at arm*s length2 from each other and #$$ e3erted no control over#$%&.

ignificantl!, it was the same court that in 5a! 198 sent the case for compensation to the%ndian courts. "t that time, the %ndian government, on behalf of the victims, had filed a suit for67.7 billion as compensation arguing that since the disaster was a conse uence of decisions ta en

b! the parent corporation, an "merican court was the appropriate forum.

"ware of the massive compensation awarded in cases of corporate malfeasance b! # courts,

#$$ argued that the case be sent to %ndia. he # court presided over b! udge 0eenan ruled infavour of #$$ and sent the case to %ndia. he court is firml! convinced that the %ndian legals!stem is in a far better position than the "merican courts to determine the cause of the tragicevent and thereb! fi3 liabilit!,2 he had said.

%n the conte3t of the judgment delivered on une, it would be interesting to see how it matchesup with the pronouncements of the far better2 placed %ndian judiciar! on the specific issue ofliabilit! of #$$ vis-;-vis that of its %ndian subsidiar!.

ollowing udge 0eenan*s 198 order, the case for compensation was presented before thehopal


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#$$ appealed against this order before the 5adh!a @radesh Aigh $ourt where ustice 0 ethupheld udge ?crore. udge eth justified his direction on the grounds that, #$$ owned more than half thestoc of #$%& as well as controlled its board of directors and as such was a parent and holdingcompan! of #$%& under %ndian law. hus, it was in fact the defendant #$$ that designed,

constructed, owned, operated, managed and controlled the hopal plant through its %ndiansubsidiar!.2

%n response to #$$*s contention that it had no control over the running of the hopal plant,udge eth observed, million C was to come from #$$ and the rest from its %ndian subsidiar!. %nDctober 1991, the order was modified and criminal charges against #$$ and its officials andsubsidiaries were reinstated. +hen #$$ continued to abscond from %ndian courts, in "pril 199 ,$hief udicial 5agistrate Eulab harma directed that movable and immovable properties of#$$ located in %ndia be attached2.

%n une ?1?, $hief udicial 5agistrate 5ohan @ iwari, in his judgment in the criminal caseagainst #$%& and its officials, remar ed, he traged! was caused b! the s!nerg! of the ver!worst of "merican and %ndian cultures. "n "merican corporation c!nicall! used a third worldcountr! to escape from the increasingl! strict safet! standards imposed at home.2

=eportedl!, #nion &aw 5inister alman 0hurshid has refused to comment on udge 0eenan*sverdict absolving #$$ of its liabilities. he least he could do is point out that between the 198and ?1 judgments, onl! 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 itwas originally intended to, or performing them in an improper way, to the detrimentof the system's original purpose. The abuse of public offices for private gain is


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paradigmatic of corruption.

common belief is that corruption is a !udge ta"ing bribes. The definition e#ceedsthis theory. Corruption describes any organized, interdependent system in which partof 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 originalpurpose.

Corrupt !udicial systems not only violate the basic right to e$uality before the law butdeny procedural rights guaranteed by the %nited &tates Constitution.

hile corruption may facilitate criminal enterprise such as drug traffic"ing , moneylaundering , and mail fraud.( it is not restricted to these activities. )n this country,

corruption is so common that it is e#pected when ordinary businesses or citizensinteract with government officials. The end-point of political corruption isa "leptocracy , literally *rule by thieves*.

Shame Shame to Supreme Court of India & Supreme Court of USA

- Match Fixing in the Supreme Courts of USA & India

The Final Verdict is out in hopal !as Traged" # This $ind of In%ustice can onl"happen in anana repu lics ' (here rich croo$s are protected " authorities &courts# S)AM* S)AM* to supreme court of India ' supreme court of USA &
http://en.wikipedia.org/wiki/Drug_traffickinghttp://en.wikipedia.org/wiki/Money_launderinghttp://en.wikipedia.org/wiki/Money_launderinghttp://en.wikipedia.org/wiki/Kleptocracyhttp://en.wikipedia.org/wiki/Drug_traffickinghttp://en.wikipedia.org/wiki/Money_launderinghttp://en.wikipedia.org/wiki/Money_launderinghttp://en.wikipedia.org/wiki/Kleptocracy


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!o+ernment of USA ' for practicing dou le standards in enforcement of la( & %ustice#

,ou le standards of supreme court of India

http-..sites#google#com.site.sose+oicefor%ustice.is/the/supreme/court/of/india/deaf/dum / lind

PI0 Appeal & Sho( Cause 1otice to Supreme Court of India

http-..sites#google#com.site.eclarionofdalit.pil/appeal/sho(/cause/notice/to/supreme/court/of/india

,ou le Standard - P And hopal" ill 2uigle" & Alex Tuscano

hen +resident ara" bama went after + and demanded a 0 billion dollar fundbe set up for victims of the 1ulf oil spill, the people of )ndia were furious. They saw a%& double standard. The %& demonstrated it values human life within the %& morethan the lives of the people of )ndia.+ should pay 0 billion in compensation, probably even more. The people of )ndia

agree with that.ut people are angry because the %& is treating the oil spill, called the worstenvironmental disaster in %& history, in a radically different way than the %& treatedthe e#plosion of a %&-owned pesticide plant in hopal )ndia, which some call theworst industrial disaster in history.The 2345 hopal e#plosion released tons of to#ic chemicals into the air, claimed thelives of between 26,000 and 0,000 people within two wee"s, and disabled hundredsof thousands of others 7 many still suffering from physical damage and geneticdefects.The plant that e#ploded was operated by %nion Carbide )ndia 8imited, a corporationowned by %nion Carbide of the %nited &tates.

The disaster occurred in a thic"ly populated area close to the central railway stationin hopal, an urban area of 2.6 million in the heart of )ndia. 9ost people in the arealived in shanty huts.Thousands of dead humans and animals filled the streets of hopal. &urvivorscomplain of genetic damage which has caused widespread birth defects in childrenand even grandchildren of those e#posed.The soil and water of hopal remain to#ic with heavy pesticide residue and to#icmetals li"e lead, mercury, arsenic, cadmium and chromium.
https://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india


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hile +resident bama displayed outrage at + officials over the 22 deaths from the%& oil spill, the %& has refused to e#tradite arren nderson, the chair of %nionCarbide, to face charges for his role in the hopal disaster.ecall too that bama advisor 8arry &ummers, then chief economist at the orldan", stated in an infamous 23;2 memo. t the

world an" be encouraging 9 ? migration of the dirty industries to the 8ess@eveloped CountriesA... )>ve always thought that under-populated countries in fricaare vastly %B@? -polluted Dbsolete and hazardous industries have been systematically transferred to the thirdworld countries to not only e#ploit the cheap labor but also to avoid disastrous impactof these industries on the advanced countries.%nion Carbide put profit for the corporation above the lives and health of millions ofpeople. @ow Chemical, which too" over %nion Carbide, is attempting to distanceitself from all responsibility.)n )ndia there were two hopal developments this month. The )ndian governmentannounced a compensation pac"age of 40 million for hopal victims, about ,000

for each of the families of the deceased according to the C, and seven former)ndian managers of the hopal plant were given two year !ail sentences for their partin the e#plosion. These legal developments are a moc"ery of !ustice for one of theworld>s greatest disasters.e call on the people of the %& and the people of )ndia to !oin together to demandour governments respect the human rights of all people, no matter where they live.Together we must bring about change in corporate development. e have toemphasize social production for the needs of people and improved social relations.)f we continue to value some lives more than others, and to allow corporations tospoil some areas with impunity, our world will not last.%nless we respect the human rights of all people and demand corporations do that as

well, we will be damned to live out the Cree )ndian prophecy < nly when the last treefrom this earth has been cut down, only when the last river has been poisoned, onlywhen the last fish has been caught, only then will human"ind learn that money cannotbe eaten.D

hopal gas traged"- US court a sol+es Union Car ide of lia ilit"

)n a setbac" to 2345 hopal gas tragedy victims, a %& court has held thatneither %nion Carbide nor its former chairman arren nderson were liable forenvironmental remediation or pollution-related claims at the firm's former chemical
http://economictimes.indiatimes.com/topic/Bhopalhttp://economictimes.indiatimes.com/topic/US-courthttp://economictimes.indiatimes.com/topic/Union-Carbidehttp://economictimes.indiatimes.com/topic/Bhopalhttp://economictimes.indiatimes.com/topic/US-courthttp://economictimes.indiatimes.com/topic/Union-Carbide


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plant in hopal.

%& district !udge =ohn Eeena in 9anhattan dismissed a lawsuit accusing the companyof causing soil and water pollution around the hopal plant due to the disaster, and

ruled that %nion Carbide Corporation F%CCG and nderson were not liable forremediation or pollution-related claims.

The court ruled that it was %nion Carbide )ndia 8td, and not its parent company %CCthat was responsible for the generation and disposal of the waste that polluteddrin"ing water, and the liability rests with the state government.

+laintiffs =an"i ai &ahu and others had alleged that *to#ic substances seeped into aground a$uifer, polluting the soil and drin"ing water supply in residential communities

surrounding the former hopal +lant site*.

They alleged that e#posure to soil and drin"ing water polluted by hazardous wasteproduced %nion Carbine )ndia 8td caused in!uries.

*The summary !udgement record certainly indicates that %C)8 consulted with %CCabout its waste disposal plans and on non-environmental business matter li"e itsstrategic plan. However, nothing in the evidence suggests the necessity of %CC'sapproval for the actions about which plaintiffs complain,* the court said in its order.

*9oreover, there is no evidence in this e#tensive record indicating that %C)8manufactured pesticides on %CC's behalf, entered into contracts or other businessdealings on %CC's behalf, or otherwise acted in %CC's name,* it said.

The industrial accident, the worst in )ndian history, led to the lea" of poisonousmethyl isocyanate, claiming thousands of lives in the 9adhya +radesh capital.

?ditorial : H + 8 1 & I? @)CT J)K?@ - &hame &hame to &upreme Court of )ndia L&upreme Court of %&

Bow it is a "nown fact that hopal 1as 8ea" Case Ierdict was J)K?@ years before ,9 TCH J)K?@ by then 9+ 1overnment Chief 9inister , )ndian +rime 9inister and mostshame fully Chief =ustice of )ndia.Bow The Jinal Ierdict is out in hopal 1as Tragedy . This "ind of )n!ustice can onlyhappen in banana republics , where rich croo"s are protected by authorities L courts.
http://economictimes.indiatimes.com/topic/Manhattanhttp://economictimes.indiatimes.com/topic/Madhya-Pradeshhttp://economictimes.indiatimes.com/topic/Manhattanhttp://economictimes.indiatimes.com/topic/Madhya-Pradesh


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&H 9? &H 9? to supreme court of )ndia , supreme court of %& L 1overnment of%& , for practicing double standards in enforcement of law L !ustice.

@ouble standards of supreme court of )ndiahttp://sites.google.com/site/sosevoicefor!ustice/is-the-supreme-court-of-india-deaf-

dumb-blind +)8 ppeal L &how Cause Botice to &upreme Court of )ndiahttp://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india

)n )ndia, Javorable treatment is given by police L courts of law for rich croo"s whereas poor innocents are harassed , tortured by the very same police L !udges . )n india&ome 9+ , 98 s even ta"e money for as"ing $uestions in parliament / legislature ,Javourable laws are enacted to legalize crimes of rich croo"s for e#ample : )llegalland encroachments by rich croo"s. The same 9+s , 98 s are not aware about

problems of poor public , they don>t even open their mouth for as"ing $uestions onwelfare of poor , let alone enact laws for welfare of poor. Bo government law , nodecisions of !udges , no orders of public servants are sacrosanct . Hereby , e-voiceurges the supreme court of india ,

2. To legally prosecute the !urisdictional police who changed the charge sheet ,who let out 9ain criminal nderson illegally without orders from the court.

. To legally prosecute the &&+ , @C of the district , Then Chief 9inister of 9adhya+radesh L Then +rime 9inister of 1 ) , who fully aided the main accussed , criminal

nderson to escape , to !ump law.

M. To legally prosecute )ndian +ublic &ervants , who were responsible forwithdrawing the case from %& Courts of =ustice.

5. To legally prosecute Then Chief =ustice of )ndia =ustice hmadi L His benchcolleagues , who diluted the case by changing the clause under which nderson Lothers were charged.

The +ublic servants 7 9ps , 98 s , =udges , ) & / )+& officers , +olice ta"e thousandsof rupees monthly salary , cars , bungalows , 6-star hotel stay together with 6-starmeal complete with alchoholic drin"s , 6-star health care at premium hospitals ,business class air travel , foreign tours , etc all at ta# payer>s e#pense. fter en!oyingto the hilt at ta#payer>s e#pense , these same public servants don>t serve the public ,they serve the rich croo"s , anti nationals in their greed for more money.

ll the while the same poor ta# payer suffers without !ustice . )n )ndia more than 60
https://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindhttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiahttps://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india


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Crore people are barely surviving on a single piece meal .8et the corrupt publicservants eat their 6-star meals by the side of the graves of hopal 1as Iictims. tleastthis will open the eyes of honest few in public service 7 police , !udiciary L parliament, it is a fond hope. =ai Hind. Iande 9ataram.

Nour>s sincerely,Bagara!.9. .

n appeal to honourable supreme court of %& L H? Honourable presidentof %& 9r. bama

Nour government protects all mericans, all merican companies bothinside merica L abroad. )f an merican tourist is murdered in a thirdcountry , merican investigators fly over to that country to conductinvestigation in total disregard to local laws. )n the same way , ifthe interests of an merican company is threatened in a third country

merican government goes to it's rescue.However , when an merican company butchers , causes mass manslaughter in a third country , as an merican company did in hopal)ndia , no action by merican government. &till the said mericancompany has not removed , cleared the accident site of poisonousdebris at hopal )ndia since decades and still causing mass manslaughter , no action by merican government why A

&ome %& based companies are selling soft drin"s , food products ,medicines , drugs in third world countries , which are causing grave

health damages to the public. The $uality standards of these productsare fit cases of re!ections by %& J@ . &ome %& companies are sellingdrugs F which are banned in the %& G to third world countries , stillus companies are e#porting such dangerous medicines , foods to thirdcountries . no action by %& government , why A is it because you thin"that the lives of non mericans are cheaper than mericans A

Hereby, ) do re$uest your "indself ,

2 . to initiate criminal prosecution against %& based "ey managementpersonnel responsible for hopal gas tragedy .

. to ma"e either the respective company management or %& governmentto pay compensation to victims of hopal gas tragedy on par withmerican lives , as if the same tragedy happened in the %& itself.

M . to order the management of the said company to clean up hopal offpoisonous debris , from the accident site at their own e#pense.


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5 . To legally prosecute %& e#porters L %& based companies sellingproducts F which violates %& J@ regulations or banned in the %& fordomestic consumption G to third countries.

&hameO )ndia sold its dead cheap&hobhan &a#ena,

round ,000 dead. 9ore than 2, 0,000 in!ured. s 2 la"h for each body. s 6,000 forevery poisoned lung and damaged heart and blinded eyes. P years of long wait. nd !ust years in !ail for the men who committed the worst crime against the people of thiscountry. nd this moc"ery of !ustice after such a long wait. Twenty si# years after 50tonnes of lethal gas seeped into the lungs of hopal, families of some 2;,000 men, womenand children are still waiting for the so-called compensation. Thousands more are stillwaiting to be accepted as victims. +eople of hopal are still drin"ing to#ic water poisonedby %nion Carbide in @ecember 2345. nd the main culprit is living life "ingsize in amansion in Bew Nor".

Bo country sells its people so cheap.Bo country sells its poor so cheap.Bo country sells its dead so cheap.

Today 7 on the day of hopal disaster !udgment -- if there is a failed state in the world,it>s )ndia. )t>s not )ra$. )t>s not &omalia. )t>s not &udan. )t>s )ndia.

)ndia 7 its government, !udiciary and corporates 7 accepted the ridiculous amount of 560million dollars for the people "illed and maimed by methyl isocyanate lea"ed from the

%nion Carbide factory in the heart of hopal three decades ago. )n all these years, thepoor victims have done everything they could to get !ustice and compensation. They havecried and died on streets, sat hungry and faced police lathis on roads and filed courtcases in the hope that one day they will get !ustice.

Today, they were denied !ustice. Today, they were told that they should be happy withthe peanuts thrown at them by %nion Carbide. Today, )ndia proved once again that itdoesn>t care for its poor. Today, it was proved all over again that those who do politics inthe name of poor in this country, always rule for the rich.

hat !ustification does C ) have for not being able to produce arren nderson in court.The chairman of %C at the time of the gas attac" Fit was not an accident, the gas lea"was caused because of cost-cutting steps ta"en by himG on the people of hopal,nderson was arrested and later released on bail. He ran off to %& in 234P and we havenot been able to find him or as" the %& to e#tradite nderson to )ndia. hyA Thegovernment says it doesn>t "now where nderson is. hat a lie. hat a shame.

8ast year, on a balmy =uly day, a bunch of victims danced on the streets after hearingnews that the Chief =udicial 9agistrate of hopal had ordered the C ) to arrest ndersonand produce him before the court without delay. The court also as"ed the C ) to e#plain
http://blogs.timesofindia.indiatimes.com/Main-Streethttp://blogs.timesofindia.indiatimes.com/Main-Street


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what steps it had ta"en since 00 to enforce the warrant and e#tradition of nderson,who was declared an absconder in 233 . Though the C ) and %& government failed totrac" nderson, supporters of hopal victims traced him to the elite Bew Nor"neighbourhood of the Hamptons. )n 00M, 1reenpeace activists paid nderson a visit athis home and handed him an arrest warrant.

Today>s ridiculous !udgment in hopal didn>t say anything on nderson as he is at have to botherabout coming to )ndia and answer some very crucial $uestions:

Q hy did %nion Carbide not apply the same safety standards at its plant in )ndia as itoperated at a sister plant in est Iirginia, %&A

Q n the night of the disaster, why did the si# safety measures designed to prevent a gaslea" fail to functionA

Q hy was the safety siren, intended to alert the people living close to the factory, turnedoffA

The victims have always alleged that hopal happened because of negligence by the%nion Carbide and that was caused by cost-cutting measures ta"en by nderson. )s itbecause of this reason that nderson has been 'hiding' in the %&A

criminal has a reason to hide, but what reason does our government have to let a massmurderer li"e nderson go scot-free. )s it because he is an mericanA Can an mericancome to )ndia "ill people in this country and run away with no conse$uencesA That seemsto be the case. e are still struggling to get a chance to $uestion @avid HeadleyColeman, an merican citizen responsible for the worst terror attac" on an )ndian city in

004. ill we succeed in getting Headley e#tradited to )ndiaA Bo way. Bever.Today, )ndia proved that it doesn>t really care for its people, particularly if they havebeen slaughtered by powerful people from the most powerful nation in the world. )nsteadof ta"ing on merica and fighting for !ustice for its poor, )ndia is more than happy to sellits dead cheap.

s 2 la"h for every body. s 6,000 for every blinded eye. This is the cost of poor life in afailed state.

hopal gas tragedy: 4 found guilty, get bail

H + 8: The seven )ndian %nion Carbide )ndia 8td F%C)8G officials convicted in the P-year-old hopal gas tragedy case have been granted bail and released on submissionof a surety of s 6,000 by a trial court in hopal, according to a Times Bow report.

?arlier on 9onday, eight accused, one of whom is deceased, were sentenced to twoyears in prison for causing death due to negligence.


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eacting to the development, representatives of the tragedy's victims and theirfamilies who have been protesting outside the court, said they would approach the9adhya +radesh High Court to allow the slapping of more stringent charges against allthose accused in the case.

The 9agistrate court in hopal on 9onday convicted all eight )ndians accused in the2345 hopal gas tragedy case. s 600,000 fine has been imposed on %C)8.

To#ic gas lea" from a %nion Carbide pesticide factory in 2345 "illed thousands and leftan unspecified number battered with diseases and deformity - the toll of victims isstill rising.

@espite 9onday's conviction, there is little closure for victims. 8egal e#perts havealleged that there was an attempt to cover up the case. )t too" the C ) three longyears to file a chargesheet that many believed was wea". Then in 233P the charges

were watered down ma"ing all sections carry the ma#imum punishment of years.The charges were also all bailable and with the prime accused in the case - former%nion Carbide F%& G chairman arren nderson still on the run and unli"ely topresent himself in )ndian court, there is little hope that !ustice will be served.

nderson: The man who got away in hopal gas caseChidanand a!gahtta,

8ong before ritish +etroleum, there was %nion Carbide( long before @avid Headleya"a @aood 1ilani, there was arren nderson.

s legal proceedings in the hopal gas tragedy meanders on, its torturous path over Pyears a travesty of !ustice to many, two principals associated with the disaster havefaded from sight even as newer culprits in most recent outrages F + oil spill and9umbai's P/22 massacreG are in the spotlight.

%nion Carbide, the merican chemical company that became notorious for the world'sworst industrial disaster, is now a wholly owned subsidiary of the @ow ChemicalCompany. nd arren nderson, %nion Carbide C? , at the time of the disaster anduntil his retirement in 234P, declared an absconder and a fugitive from !ustice by an)ndian court, lives in relative anonymity and seclusion in 8ong )sland, Bew Nor".

oth have washed their hands off the hopal disaster. %nion Carbide says its officialswere not part of this case since the charges were divided long ago into a separatecase. *Jurthermore, %nion Carbide and its officials are not sub!ect to the !urisdictionof the )ndian court since they did not have any involvement in the operation of theplant, which was owned and operated by %nion Carbide )ndia 8td, F%C)8G* aspo"esman for the company told all &treet =ournal.


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The company maintains that the hopal plant was designed, owned, operated andmanaged on a day-to-day basis by %C)8 and its employees and all those convicted arethe *appropriate people from %C)8 R officers and those who actually ran the plant ona daily basis have appeared to face charges.*

*) want you to "now that %nion Carbide continues to have the utmost respect andsympathy for the victims of the tragedy and their families. %nion Carbide did all itcould to help the victims and their families from @ay 2 right up through thesettlement with the )ndian government,* the spo"esman added.

nderson isn't tal"ing. He hasn't spo"en on record on the sub!ect for nearly twodecades. Bow nearing 30, he lives with his wife 8illian in a million-dollar home in theswish 8ong )sland neighbourhood of ridgehampton, avoiding social contact and hidingfrom the media and activists who have struggled long to bring him to !ustice.

hen Casey Harrell, a 1reenpeace activist, visited his home in 00 to serve him a

warrant, he refused to identify himself and pretended to be someone else. neighbour also tried to throw Harrell off-trac" saying he was someone else andblurting out that he had nothing to do with the hopal disaster Feven though Harrellhadn't mentioned anything about the disasterG.

hopal gas case: &C shot down move to slap tough charges@hanan!ay 9ahapatra ,

B? @?8H): )t will be un"ind to blame the trial court for handing out mild

punishments to the hopal gas lea" accused whose collective negligence caused anindustrial catastrophe. Jor, the court's decision to frame charges against them under&ection M05-)) of )+C R that attracts a ma#imum !ail term of 20 years R was set asideby the &upreme Court itself on &eptember 2M, 233P.

ppearing for C ), then additional solicitor general ltaf hmed had argued beforethe &C that the accused "new 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 the chargesheetwhich indicated that all the accused shared common criminal "nowledge about

potential danger of escape of the lethal gas R 9)C R both on account of the defectiveplant which was operated under their control and supervision at hopal and also onaccount of the operational shortcomings detected by the Iaradara!an e#pertcommittee,* hmed had said in court.

However, a bench comprising then Chief =ustice 9 hmedi and =ustice & 9a!mudardisagreed. * n our finding that the material pressed in service by the prosecutiondoes not indicate even prima facie that the accused were guilty of an offence of


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culpable homicide and, therefore, &ection M05-)) was out of the picture, &ection M05-on this very finding can straightaway get attracted at least prima facie,* the benchsaid. )t then $uashed the charge framed against the accused under &ection M05-)).

s legal e#perts decried 9onday's verdict and activists involved in rehabilitation of the

victims termed it a moc"ery of !ustice, T ) trac"ed down ltaf hmed in @ubai.hmed e#pressed disappointment, not with the trial court verdict but with the &C's233P !udgment.

*The dilution of the charges against the accused persons in 233P by the &upreme Courtwas very sad and in my perception not !ustified,* he said.

nd why did he feel so, when the &C had gone through the evidence and C )'schargesheet in detail while giving its 50-page !udgmentA hmed felt the ape# courthad erred by converting the charges from &ection M05-)) to &ection M05 Fdeath causedby a rash and negligent act, under which the 9 hit-and-run accused was triedG.

*The management of %nion Carbide "new that necessary safety measures were not inplace and a lea" of the "ind that resulted in the tragedy was a distinct possibility,* hesaid.

?B@ 6 N? & J )B=%&T)C? T +? +8? J H + 8

&hortly before midnight on @ecember 2345, thousands of tonnes ofdeadly chemicals lea"ed from %nion Carbide>s pesticide plant inhopal, central )ndia. round half a million people were e#posed.etween ;,000 and 20,000 people died in the immediate aftermath and a

further 26,000 over the ne#t 0 years.Bearly 6 years later, the factory site has not been cleaned up. 9orethan 200,000 people continue to suffer from ongoing health problems.?fforts to provide rehabilitation 7 both medical care and measures toaddress the socio-economic effects of the lea" 7 have fallen way shortof what is needed.9any of those affected are still waiting for ade$uate compensation andthe full facts of the lea" and its impact have never been properlyinvestigated. Bo one has ever been held to account for what happenedat hopal and efforts by survivors> organizations to use the )ndianand %& court systems to see !ustice done and gain ade$uate redress

have so far been unsuccessful.hopal is not !ust a human rights tragedy from the last century 7 itis a human rights travesty today. The legacy of hopal persistsbecause the people of hopal have never been able to claim theirrights. 9oreover, the negative impacts of the lea" are affecting newgenerations. &tudies have shown how the e#posure to the to#ic gascauses long-term effects, which can continue in children born in gas-e#posed families.


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Jor 6 years the )ndian government has failed the people of hopal.+romises have been repeatedly bro"en and no ade$uate action has everbeen ta"en to address the impacts of the gas lea".Bo company can be allowed to evade responsibility for the impacts ofits operations. %nion Carbide must be held to account for what

happened at hopal. @ow Chemicals, which now owns %nion Carbide, mustcooperate fully with the )ndian government and the courts in )ndia toensure !ustice is done and the site is fully cleaned up.

H + 8 1 & T 1?@N 2345 - hopal, )ndia

t the first instance the 1overnment of )ndia failed to ensure that%nion carbide )ndia 8imited F%.C.).8G has installed proper safetymeasures and fully implemented it in practice, at it's plant inhopal. The 1overnment of 9adhyapradesh through it's labourdepartment, factory inspectorate L pollution control board failed toenforce safety practices L environmental protection. )n turn, the

%.C.).8 didn't install in full, the safety measures being followed byit's parent company union carbide corporation F%.C.CG at it'sIarious plants in the %.&. . The %.C.).8. didn't give communitytraining to residents of nearby localities, to cope up withemergencies ie. )ndustrial accidents. %.C.).8 gave a go - by to safetypractices, as it treated )ndian lives as cheap. The government of9adhya pradesh instead of shifting slum dwellers around %.C.).8, toother safe place, gave them legal title deeds !ust months before thetragedy in 2345.Bow, refer the following:-2. fter the accident at it's %.C.).8. plant at hopal, )ndia in 2345,

when the %.C.C. Chairman/C.?. . came over to hopal from %.&. tovisit the accident site, local police arrested him on the charges ofmanslaughter. However, the 1overnment of )ndia got him released.. )n 2346, 1overnment of )ndia enacted * hopal claims ct* too"- awaythe right of appeal of all the 1as tragedy victims L declared itselfas the sole representative of all victims. This said act itself isviolative of victim's fundamental L human rights. Thevictims didn't choose 1overnment of )ndia as it's representative underwill, agreement, trust or pleasure.M. The parado# of this * hopal claims ct* is that, 1overnment of)ndia which is also a party to the crime, tragedy, itself is the

appellant. The appellant F+etitionerG,defendant are 1overnment of)ndia, +rosecution by 1overnment of )ndia L =udged by 1overnment of)ndia.5. )n 2343, when an appeal about interim compensation to be paid bythe %.C.).8 to all the victims was being heard in the ape# court, thesupreme court of )ndia without giving a chance to the victims to ma"etheir point, without consulting them, without ma"ing a properassessment of damages/losses, gave an arbitrary figure as verdict L


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dropped all civil, criminal proceedings against %.C.C.L%.C.).86. )n the same year 2343, the 1overnment of )ndia without consultingthe victims of disaster, without ma"ing proper assessment of damages/losses, negotiated a settlement with the %.C.C. and in turn gave fulllegal immunity to %.C.C.L %.C.).8 from civil L

Criminal proceedingsP. ?ven the 1overnment of )ndia didn't present the case of victim's-gas tragedy victims, properly before the %.&.courts, where the %.C.Cis based. ll these premeditated acts only benefited the criminals-%.C.CL%C)8. re not the supreme court of )ndia L 1overnment of )ndia,here to safeguard )ndians and to safeguard =usticeAfter all these crimes, the 1overnment of )ndia failed to distributecompensation in time to victims. )t has failed even to provide safedrin"ing water to the residents near the accident site, )t has failedto provide comprehensive medical care to the victims, tilldate . )t has even failed to get the accident site cleared off to#ic

wastes either by the culprit management or by it self, that too after0 years. The very presence of these to#ic wastes since 0 years isfurther contaminating, polluting the environment and ta"ing toll ofmore victims.+articularly in the case of * hopal 1as Tragedy* the supreme court of)ndia L 1overnment of )ndia are deadlier criminals than %.C.).8L%.C.C.=ust consider a case here, =ust a few years bac" an %.&.based 9.B.C?B B set-up a power pro!ect in 9aharashtra, )ndia through it'ssubsidiary. hen 9aharashtra state ?lectricity oard failed to liftpower from ?nronL pay them monthly guaranteed revenue, ?nronthreatened to invo"e, open the *?schrew Clause* with the 1overnment

of )ndia L to approach international arbiter %.E. 1overnment of )ndiahas stood as conter-guarantee in this case. Jinally the 1overnmentpaid, of course subse$uently the parent ?B B collapsed due to otherreasons. )f in this case if 1overnment of )ndia failed to pay-up as acounter guarantee L refused to comply with the award of )nternationalarbiter, definitely 1overnment of %.&. . would have stepped into thescene to protect it's 9BC. Hypothetically, )n the same vein if ?nronhas caused damages to )ndians either through negligence of safepractices or industrial accidents or ban" fraudsamounting over and above it's Capital base L insurance cover, then itwould have been the duty of parent ?nron L 1overnment of %.&. . to

step in L pay-up.)n the same way, the %.C.).8 has caused massive damages to )ndians Lrefusing to pay commensurate to damages. @ow chemicals which too"-over %.C.C. is also refusing to pay. @ chemicals which is the newowner of %.C.C. naturally inherits both profits, credits lent Lliabilities to pay of %.C.C. &till it is refusing to pay. Bow it isthe turn of 1overnment of %.&. . to cough-up the sum.Bowadays, it has become routine for central L &tate ministers to go-


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on foreign !aunts, to globe -trott inviting J.@.)/ 9.B.Cs to )ndia.They do sign numerous agreements, only favouring 9BC. hen tragediesoccur or when they cheat )ndian ban"s/ investors, it is )ndians whosuffer. The ministers L bureaucrats thin"s themselves as wizards andenters into agreements with 9BCs, industrialists in a hush-hush

manner, with vast scope for possible corruption. )s it not the duty ofgovernment to be transparent A

hopal gas case: e#-C ) men, 9oily fight verbal war as arren nderson goes scot-free

Bew @elhi: hopal gas tragedy prime accused arren nderson>s failed e#traditionhas "ic"ed off a war of words between former C ) investigators and the law minister.

Nou may also want to see

)ndia trying for nderson's e#tradition: +ranab 9u"her!ee

&et up independent probe on hopal, ministerial group will not do: C+)F9G

hopal gas tragedy: =ustice hmadi refuses to !oin the blame game

=+ for =+C probe into 'misuse' of C )

=+ demands nderson escape order from Congress

elated videos

mendment in law to prevent hopal li"e tragedy: &olicitor general

=+ see"s withdrawal of nuclear liability bill

hopal gas lea" tragedy convicts released on bail

Complete Coverage
http://www.dnaindia.com/india/report_india-trying-for-anderson-s-extradition-pranab-mukherjee_1395524http://www.dnaindia.com/india/report_set-up-independent-probe-on-bhopal-ministerial-group-will-not-do-cpim_1395473http://www.dnaindia.com/india/report_bhopal-gas-tragedy-justice-ahmadi-refuses-to-join-the-blame-game_1395472http://www.dnaindia.com/india/report_bjp-for-jpc-probe-into-misuse-of-cbi_1395469http://www.dnaindia.com/india/report_bjp-demands-anderson-escape-order-from-congress_1395368http://www.dnaindia.com/videos/1394647?frame&keepThis=true&TB_iframe=true&height=270&width=600http://www.dnaindia.com/videos/1394479?frame&keepThis=true&TB_iframe=true&height=270&width=600http://www.dnaindia.com/videos/1393559?frame&keepThis=true&TB_iframe=true&height=270&width=600http://www.dnaindia.com/india/report_india-trying-for-anderson-s-extradition-pranab-mukherjee_1395524http://www.dnaindia.com/india/report_set-up-independent-probe-on-bhopal-ministerial-group-will-not-do-cpim_1395473http://www.dnaindia.com/india/report_bhopal-gas-tragedy-justice-ahmadi-refuses-to-join-the-blame-game_1395472http://www.dnaindia.com/india/report_bjp-for-jpc-probe-into-misuse-of-cbi_1395469http://www.dnaindia.com/india/report_bjp-demands-anderson-escape-order-from-congress_1395368http://www.dnaindia.com/videos/1394647?frame&keepThis=true&TB_iframe=true&height=270&width=600http://www.dnaindia.com/videos/1394479?frame&keepThis=true&TB_iframe=true&height=270&width=600http://www.dnaindia.com/videos/1393559?frame&keepThis=true&TB_iframe=true&height=270&width=600


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The hopal 1as Tragedy

fficers who probed the case but have now retired claim their hands were tied bygovernment missives directing C ) not to pursue nderson>s e#tradition.

)n fact, the government had committed to the %& that nderson would not bearrested during his visit to hopal in the aftermath of the tragedy. ccordingly, hewas allowed to return.

Jormer C ) !oint director 8all, who briefly investigated the case, recalls receivinga letter from the ministry of e#ternal affairs to not pursue nderson>s e#tradition.

s

e#tradition may not be pursued. Bormally, directions are not received throughletters. )t was a rare case,D he told @B , ma"ing a case for greater autonomy to C ).

< e SC ) had responded to the letter that investigations re$uired S nderson>se#tradition,D 8all said.His boss, former C ) !ointdirector =oginder &ingh, said there was little the agencycould have done.

s e#tradition. ut

our hands were tied. )n 233P, we got a ma!or blow when the &upreme Court deletedcriminal sections from the case.D

The C ) charge sheet mentioned section M05 )+C Fculpable homicide with a ma#imumpunishment of 20 yearsG. However, the charges were watered down to M05 FaG Fdeathdue to negligenceG, usually used in cases of road accidents.

< ith such a mild section, it is impossible to get an e#tradition anywhere. Themoment M05 was $uashed, half the case was lost,D &ingh said.

8aw minister Ieerappa 9oily refuted the allegations. eacting sharply to 8all>sclaims, he said, < fter retirement people can give many statements. )t is anirresponsible statement. This is not done at all. ) thin" we need to do something todeal with such people who fail to discharge their duty and after retirement, try tobecome heroes or martyrs of the situation.D
http://www.dnaindia.com/coverage/the-bhopal-gas-tragedyhttp://www.dnaindia.com/coverage/the-bhopal-gas-tragedy


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However, 9oily, while reacting to 8all's claim said, * fter retirement, people can givemany statement. )t is an irresponsible statement. This is not done at all. fterretirement, people become martyrs by ma"ing such statements.*

Claiming that C ) was an *under command* organisation, 8all said, * e need to ma"eit free from government control toensure transparency and fair probe. )n other countries, all chief investigating agencieshave been given autonomy by "eeping it out of the control of the !udiciary,bureaucracy and e#ecutive powers.*

The charges by 8all came hours after a local court in hopal yesterday convictedformer %nion Carbide, )ndia, chairman Eeshub 9ahindra and seven others for theworld's worst industrial disaster, that left more than 26,000 dead on the interveningnight of @ecember -M in 2345.

*) was told by the ministry of e#ternal affairs officials not to follow the e#tradition ofarren nderson, which affected the C ) probe,* 8all, who is now retired, furtherclaimed.

fter registering a case, C ) had filed its chargesheet under &ection M05 )+C, whichamounts to culpable homicide with ma#imum punishment of 20 years. However, the

charges were later watered down to M05 FaG, usually used in road accidents.

*) do not "now what circumstances and evidences forced C ) or others involved in theproceedings to lower the section,* he said.

However, 9? sources maintained that *in 00M, a re$uest for e#tradition of ndersonwas made to the %& side under )ndia-%& bilateral e#tradition treaty. This re$uest hasalready been reiterated on more than one occasion.*

nderson, 43, the then chairman of %nion Carbide Corporation of %& , who lives inthe %nited &tates, appeared to have gone scot-free for the present as he is still anabsconder and did not sub!ect himself to trial. There was no word about him in the!udgement of the hopal court.


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nderson flew in, out of hopal in state govt's plane: Capt &H li

Bew @elhi: Claims that %nion Carbide C? arren nderson had flown in and out of

hopal in a state government plane was today strengthened by the aircraft's pilot.'' e got flight information from the then @irector of viation & &odhi for a flightfrom hopal to @elhi and were told to "eep the aircraft, a state government plane,ready,'' Captain &yed Hasan li claimed in an interview to a news channel.

hopal 1as: Centre reconstitutes 1o9, 9+ govt to file appeal

He added that nderson's identity was "ept a secret from him. '' e did not "now whohe was,'' he said.

Capt li further claimed that nderson was alone in the aircraft and loo"ed upset andtired. '' s we waited for him, he came with the then &+ and the @istrict 9agistrate ofhopal. hen we landed in @elhi, an ambassador pic"ed him up from ne#t to theplane and ) left him with the airport manager,'' he claimed.

nderson case not closed, he slipped because of C ): 9oily

Capt &odhi, seconding the pilot's claims, said it was on orders of r!un &inghgovernment that nderson was allowed to fly.

'') had received a call from the office of the then Chief 9inister, r!un &ingh, ordering

to arrange nderson's departure on @ecember ;, 2345,'' Captain & &odhi claimed inan interview to a news channel today.

?ight held guilty for hopal gas tragedy, get two years in !ail

He alleged nderson, a few hours after he came to "now about his charges withculpable homicide, reached the airport where the Chief 9inister's official plane stoodwaiting for him, along with senior bureaucrats and police officers.

The city's &uperintendent of +olice and the district magistrate, 9oti &ingh, waved tonderson as he boarded &ingh's plane, he said. ?arlier, 9oti &ingh had also alleged

that the then Chief &ecretary of the state had called him to his room and told him toarrange for the flight of nderson out of hopal.

''The then chairman Eeshub 9ahindra and %C)8's then managing director Ii!ay 1o"haleafter landing in hopal were ta"en into custody at the airport itself but soon afterthat, he and the district police chief were told by the Chief &ecretary to get the %&citizen released on bail and send him to @elhi by plane,'' he said.
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hopal gas tragedy : ' a!iv 1andhi' helped arren nderson escapeA

Courtesy : CBB-) B. arren nderson, former chairman of the merican parent company%nion Carbide Corp responsible for the 2345 hopal gas tragedy, got out of )ndia on thegovernment>s order.

9oti &ingh, who was the @istrict Collector of hopal at the time of gas lea" from the%nion Carbide plant, said this to CBB-) B on ednesday.

He alleged rahm &waroop, Chief &ecretary of 9adhya +radesh at the time, called himand the &uperintendent of +olice F&+G personally and as"ed him to release nderson.

nderson was arrested on @ecember ; but he was released the same day and flew out ofhopal in a state government plane to Bew @elhi, said &ingh. &everal%nion Carbideofficials were arrested on @ecember ; and "ept at the company guesthouse after the gaslea" on @ecember 2, which was declared a temporary police station.

* t around pm in the afternoon the Chief &ecretary summoned me to his chamber inthe &ecretariat. e went there -- he FChief &ecretaryG said 9r nderson was to bereleased and sent to @elhi by plane which was awaiting him at the airport. e did legalformalities and nderson was released on bail. He was put on the plane and he went to@elhi,D said &ingh.

The former official said he was never given reasons why nderson was being released.&ingh claimed nderson wanted to visited areas affected by the gas lea" but he was toldthere was a threat to his life.

*He was reluctant to leave immediately. He said he wanted to see the affected areas andmeet the people. ) told him he was not welcome in hopal and that there was ris" to hislife and in no case he could be allowed to go to the affected areas.D

The former district collector claimed nderson seemed casual and showed


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hopal trial court on 9onday convicted eight )ndian officials of %nion Carbide for theircriminal negligence that triggered the world's worst industrial disaster, but nderson wasnot mentioned in the !udgment.

8aw 9inister Ieerappa 9oily on Tuesday told CBB-) B the


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methyl isocyanate F9)CG gas lea"ed from the %nion Carbide plant on the interveningnight of @ecember -M, 2345.

@ate : =une 22th, 020. Bews by Bewsofap.com

hopal gas tragedy: =ustice hmadi offers resignation

hopal: Jormer &upreme Court Chief =ustice H hmadi, facing fla" for the 233Pverdict in the hopal gas tragedy case, has offered to resign from the post of hopal9emorial Hospital Trust chairman.

&pea"ing to a daily, the former C=) said,


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elated &tories

=+ as"s Congress to come clean on nderson issue

U lame !udiciary for delay in hopal verdictU

%& to UevaluateU )ndian re$uest to bring nderson to !ustice

V 9odi gov had allowed disposal of hopalUs to#ic waste in 1u!>

* ur organisation had filed a review petition but that was dismissed in 233P by the&upreme Court, which was then headed by hmadi himself,* the convenor of hopal1as +eedit 9ahila %dyog &angthan, bdul =abbar had said.

s the guilty had not been charged under &ection M05 of )+C Fculpable homicide notamounting to murderG, they were let off with imprisonment of only two years each,=abbar claimed.

=ustice hmadi, who had delivered the hopal gas tragedy case verdict in on =une 03233P, 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.

&ince retirement, hmadi has been presiding over hopal 9emorial Hospital Trust thatruns a M60-bed superspeciality hospital. The trust was set up by %nion Carbide.

total of s P00 crore has gone into the trust, but its accounts are not in the publicdomain. The trust deed mandates that an &C !udge should be its chairman and hmadihas been at its helm since retirement.

9an ho arned of hopal 1as 8ea"

Congress spo"esman &atyvrat Chaturvedi has defended former prime minister a!iv1andhi S )mages whose role in letting the guilty in the hopal gas tragedy get offlightly is under the scanner due to the public outcry over the recent !udgment in thecase -- P years after the event. n the night of /M @ecember, 2345, when deadlygas lea"ed from the %nion Carbide plant in hopal, r!un &ingh S )mages was chiefminister of 9adhya +radesh S )mages and 1andhi was the prime minister of )ndiaS)mages .
http://www.zeenews.com/news633432.htmlhttp://www.zeenews.com/news633389.htmlhttp://www.zeenews.com/news633324.htmlhttp://www.zeenews.com/news633319.htmlhttp://search.rediff.com/imgsrch/default.php?MT=rajiv+gandhihttp://search.rediff.com/imgsrch/default.php?MT=arjun+singhhttp://search.rediff.com/imgsrch/default.php?MT=madhya+pradeshhttp://search.rediff.com/imgsrch/default.php?MT=indiahttp://www.zeenews.com/news633432.htmlhttp://www.zeenews.com/news633389.htmlhttp://www.zeenews.com/news633324.htmlhttp://www.zeenews.com/news633319.htmlhttp://search.rediff.com/imgsrch/default.php?MT=rajiv+gandhihttp://search.rediff.com/imgsrch/default.php?MT=arjun+singhhttp://search.rediff.com/imgsrch/default.php?MT=madhya+pradeshhttp://search.rediff.com/imgsrch/default.php?MT=india


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)n the first few years after the tragedy, tremendous pressure was put up bythe merican corporate lobby and the government on )ndia to save the %&-based%nion Carbide, the parent company, from civil and criminal liability.

s a result, at every little step, the law could not provide !ustice to the over 26,000

who died due to the gas lea". 9ore than five la"h victims who suffered chronicdiseases are struggling and pleading for help, even now.

The =une ; !udgment of a local court in hopal, sentencing the convicted officials ofthe )ndian arm of %nion Carbide to a mere two-year sentence, has made the entirenation feel small and impotent before the might of the multinational corporations,the sluggish )ndian !ustice system and its spineless political establishment.

The entire hopal saga was witnessed from close $uarters by a!"umar Eeswani, anoutstanding !ournalist, who had in fact foreseen this catastrophe. His wor" provesthat the tragedy of hopal started much before @ecember M, 2345.

Two years before the %nion Carbide factory lea"ed "iller gas, he wrote in a wee"lymagazine called Rapat FnewsG: ' hopal jwalamukhi ki kagaar par F hopal on the edgeof a volcanoG'.

Eeswani has witnessed the entire saga of deception of the victims of hopal by the)ndian and merican governments and multinational corporations. He shares his agonyin a telephonic interview with rediff.com 's &heela hatt.

Nou have been following the hopal gas lea" case for 6 years. hat was your firstreaction on hearing the verdict on =une ;A

) had no e#pectations on that day. The seed of this !udgment was sown when a&upreme Court bench headed by then Chief =ustice of )ndia, H hmadi, passed a!udgment in 233P that converted section M05 F))G Fculpable homicide not amounting tomurderG of the )ndian penal code to M05- Fcausing death by negligenceG to try thecase. )n 233P we "new the fate of the hopal gas case. He diluted the charges filedagainst %nion Carbide. hat happened was the culmination of in!ustice that startedwith that !udgment.

as there a design behind thisA

) can't say how it was done. ut surely there was some design. ?ventually, afterretirement, =ustice hmadi became the lifetime chairman of the hopal 9emorialHospital Trust and esearch Centre which has funds worth millions of rupees. Thosemillions, paid by %nion Carbide for the poor victims, are under his control even now.

The dilution of charges helped F%CC chairmanG arren nderson and %nion Carbide ina big way, rightA


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hen we tal" about %nion Carbide and nderson, we must remember that they havenever ever been sub!ect to )ndian laws. They have never appeared before an )ndiancourt, nor have they lost anything due to hopal or benefited by the =une ;!udgment. ur country's system gave them eternal protection from any legalproceedings. There was no serious attempt at all to bring nderson to this country in

the last 6 years.Can you tell us what "ind of evidence you had against the %&-based %nion CarbideCorporation, parent company of %nion Carbide )ndiaA

) started wor"ing on this story in 2342. That was the time when my friend 9ohammadsharaf was wor"ing in %nion Carbide )ndia 8imited. He died due to e#posure tophosgene gas. ) had an idea that some hazardous chemicals are being used in thehopal factory. ) reported on his death and then wor"ed for nine months on "nowingabout the factory. ) reported my first story in &eptember 234 . )n ctober that year )ran a series and wrote wee"ly reports against %nion Carbide and the possibility of ris"

to human lives due to the chemicals in the plant. +eople treated me li"e a crazy man.They used to tell me, ' Arre aisa kabhi hota hai kya? Aisa kabhi hua hai kya is duniyamein A' F@o things li"e this happenA Have such things happened anywhere in the worldAG

+eople in government, who were in the "now of things, were hand in glove with themanagement of %nion Carbide. They would trust %nion Carbide more than anythingelse. %nion Carbide was the only multinational at that time in a small city li"e hopal.Their reputation was such that it was difficult for anyone to believe that they couldbe negligent. )t was very disappointing for me.

ut what "ind of evidence did you have against %CC of the %&A

)n 234 , an audit team had visited %nion Carbide in hopal. They had inspected theplant and said that certain safety measures must be ta"en, otherwise there could be agas lea". ) printed the report of the visit of the audit team and their observationsin Jansatta before the 2345 gas lea".

t 26 places in that report, they had written that safety measures are not proper andit could have a 'runaway' reaction. &o the plant had problems before the lea" in 2345.There is enough proof. &econd, %CC, %& said they were not involved in the day today running of the plant so they could not be made responsible. There are tele#messages as proof which shows that the company in %& was totally involved in all the

decisions of the company in hopal. They were sending instructions to hopal.

%CC )ndia had a wor"s manager named = 9u"und Fone of the accused who wasconvicted on =une ;G. He had sent a message as"ing for advice about coating thepipes. The %&-based parent company sent him a message saying that the best materialfor piping would be too e#pensive and too difficult to ac$uire. How can %CC, %&escape their responsibility when they were advising hopal to economise on safetymeasuresA They were telling hopal to use cheaper material. They were advising it to


34/71

compromise on safety. 9u"und's message was sent on ugust ;, 2345. =ust a fewwee"s before the fateful lea".

@o you have the copies of those tele# e#changesA

Nes.=ustice hmadi, when he diluted the charges against the company, didn't see thesetele# messagesA

He saw what he wanted to see. ctually, there was a review petition of his order buthe re!ected it. e had sent messages to all the members of +arliament 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 hopal company and they were aware of the problems in the plant. )submitted all of it in a %& court too.

)n 234 , ) had documents to prove that safety measures in the plant were faulty. )managed to raise the %nion Carbide plant issue in the 9+ assembly. The governmentdenied any such threat, it is on record. The government denied my report and saidthere is a fool-proof system in the factory and there is nothing to worry about. Thegovernment said all these things in defence of %nion Carbide in @ecember 234 O )wrote to the Chief =ustice of )ndia in 234 to intervene in the hopal factory. Bobodycared. ) got no response.

ho played the bigger game in the hopal 'cover-up'A

%nion Carbide Corporation, %& , played the game with the help of the 1overnment of)ndia and the government of 9adhya +radesh. )f you find out how the settlement of2343 was reached, you will "now what ) am saying is correct. The settlement wasdone with the &upreme Court's sanction. Carbide agreed to pay s ;06 crore and the1overnment of )ndia agreed to drop all civil and criminal cases against %nion Carbide,which was later challenged in the court. ho did thisA )t was a!iv 1andhi who madethis settlement possible. )t was the ultimate shame that the 1overnment of )ndiaaccepted money for the victims to $uash criminal proceedings against %CC.

) challenged it in the court with the help of )ndira =aising, my lawyer. nly after thatpetition was the criminal case revived in =une 2343. nyone can understand what the

role of the 1overnment of )ndia has been in helping victims.

)t's very intriguing to see that after the hopal tragedy innumerable B1 s, fromstalwarts li"e )ndira =aising to hundreds of local community leaders, fought for thevictims but nothing came out of it. hy such a total failureA

This is a very serious $uestion. ) am also worried about it. ) don't "now if ) should sayanything on it.


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ut so much has been done by the foot soldiers of civil society. ll over the world thevictims have sympathisers. &till !ustice was not done. hyA

These are voices only. )n society today only a loud bang is heard. That can be done bythe television media. )f the people would have reacted in a similar manner in 233P to

=ustice hmadi's decision, the hopal verdict would have been different.How do you loo" at the hopal !udgmentA

) thin" the !udge in his wisdom has not spo"en much on F%C )ndia chairmanG Eeshub9ahindra's role. e have a grouse against it. )t should be challenged. The )ndianmanagers were e$ually responsible.

)n hopal, during these P years, has Eeshub 9ahindra ever said sorryA

Bo. ather, they have been manipulating the case. ) have evidence to say so.

ho are the guilty men of hopalA

There is %nion Carbide Company who compromised safety for profit. There was the)ndian government who could not withstand the might of the multinationals. Thecause of the tragedy was %nion Carbide, but the in!ustice was due to the slow processof the !udiciary and the Central ureau of )nvestigation. The investigating agencybecame a partner in crime.

ho helped ndersonA ho e#ecuted the operation to get him out of )ndia on@ecember ;, 2345A

The merican government and the %& embassy put pressure on the )ndiangovernment. They put pressure on the +rime 9inister's ffice. a!iv 1andhi,reportedly, as"ed run &ingh to ensure nderson's release. Chief 9inister r!un &inghdidn't convey to Bew @elhi S )mages the popular sentiments on the ground in hopal.

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

Nou are fighting since P years but now you see all around that people are reactingsensitively. There is a feeling of anguish and frustration. How do you see the new-

found interest in the hopal caseA

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 TI. They ma"e us cry and they ma"e uslaugh. )t is good, and even bad sometimes. )n the case of hopal tragedy it is goodthat TI is sha"ing our memories.
http://search.rediff.com/imgsrch/default.php?MT=delhihttp://search.rediff.com/imgsrch/default.php?MT=delhi


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+olice released nderson after 'deleting' stringent charge

Three days after the hopal gas tragedy, the police here had released the then %nion

Carbide C? arren nderson and two others on bail by *deleting* in the complaint astringent charge under the )+C against them, trial court sources said today.

perusal of court documents shows that the in-charge of the Hanuman 1an! +olice&tation, &urender &ingh, had initially arrested nderson, then %C)8 chairman Eeshub9ahindra and senior company official Ii!ay +ra"ash 1o"hale at 20.20 9 on @ecember;,2345 in the presence of one a"esh Eumar under various sections of )+C includingM05 Fculpable homicide not amounting to murderG.

They were also charged with sections M05 Fcausing death by negligenceG, ;4Fma"ing atmosphere no#ious to healthG, 45 Fnegligent conduct with respect to

poisonous substanceG, 5 P FmischiefG and 5 3 Fmischief by "illing or maiming cattle,other animalsG.

8ater, the police released the three, *deleting* the charge against them under &ectionM05, they said.

The sources said that police had no right to delete such a charge and in doing so theyhad e#ceeded their brief.

*)f the charge had not been deleted, nderson may not have been able to leave )ndia,*they said.

The C ) had later boo"ed 9ahindra and 1o"hale under &ection M05 which provides forprison term of 20 years. However, the &upreme Court had dropped the stringentsection in the case.

ver 26,000 people were "illed and thousands of others maimed when the deadlymethyl isocyanate F9)CG gas lea"ed from the %nion Carbide plant on the interveningnight of @ecember -M, 2345.

9+ C9 see"s e#planation from r!un &ingh on how nderson fled

Bew @elhi: 9adhya +radesh Chief 9inister &hivra! &ingh Chouhan on Jriday said thathis government will go to any e#tent to get !ustice for hopal gas victims anddemanded an e#planation from then Chief 9inister r!un &ingh on how former %nionCarbide C? arren nderson fled the country.

* e will go to any e#tent to get !ustice for the victims...This is not an issue of hopalor the state. )t should act as an e#ample of how to give punishment in such cases,* hetold reporters here.


37/71

Boting that the people of the state felt *let down* following the gas tragedy verdict,Chouhan said he has written to r!un &ingh and as"ed for a reply on the circumstancesthat led to nderson's escape.

*8et r!un &ingh e#plain it. hether he did it Fgave permission for providing stateaircraftG himself or anybody told him to do so. e want a reply from him if a wrongdirection was given. nd after all, why such a direction was given.

*There are lot many $uestions li"e why the C ) filed no appeal when the charges inthe case were diluted in 233;. )f he gives a statement, things would be clear. Thestate and the country want to "now these circumstances,* he said.

Chouhan said a five-member team of legal e#perts has been set up by the stategovernment to loo" into the issue and e#amine what could be done legally to gethopal gas victims !ustice. The interim report of the team would be out in the ne#t

ten days, he said.s"ed about the conflicting statements of Congress leaders li"e @igvi!ay &ingh and&atyavrat Chaturvedi on nderson fleeing the country, Chouhan said he did not wantto politicise the issue but added that this was only leading to confusion.

*&omebody is saying the Centre is responsible while somebody else says the issuescomes under the state. @ifferent people are spea"ing in different voices... ne wantsto protect somebody while the other wants to trap someone else.

*This is leading to confusion... r!un &ingh should spea" the truth. hat other

Congress leaders are spea"ing is only bringing out the contradictions within theCongress party,* he said.

He said that his government is open to all options and will decide after the committeereport on whether to constitute a probe commission go into the lapses or ta"e up theissue with %& courts.

C ) failed to act on warrant against nderson last year

hopal: The trial court in the hopal gas tragedy case had issued an arrest warrantagainst former %nion Carbide C? arren nderson last year but the C ) had failed togive any written response to it, according to court sources.

They said the warrant, the second against nderson, was issued by Chief =udicial9agistrate 9ohan + Tiwari on =uly , 003 but the C ) did not give any writtenresponse to it.


38/71

nderson was the chairman of the %nion Carbide Corporation F%CCG at the time of thedisaster in @ecember 2345 which left over 26,000 people dead.

)nstead, they said, a C ) official met Tiwari and orally conveyed to him that for theagency, nderson's case had been closed.

The first court warrant against nderson was issued in 233 .

@irection to release nderson must have come from C9: ?# H&

Bew @elhi: Jormer 9adhya +radesh Home &ecretary E & &harma on Jriday said thatthe then Chief 9inister r!un &ingh may have given directions to officials to releaseformer %nion Carbide chief arren nderson.

&harma, who was the Home &ecretary when the hopal gas tragedy too" place, saidthe pressure to release nderson must have come from the Chief 9inister as *no

officer would ta"e such a step without direct instructions from the government*.* ight from the beginning there had been some soft approach towards the whole thingotherwise he F ndersonG would have not been "ept in a guest house when he was incustody. eleasing an accused of such a heinous crime on the same day means therewas a tremendous pressure,* he said.

*...)t is difficult to say from where this pressure came but certainly the pressure fromChief 9inister on officials must have been there because no officer would ta"e such astep without direct instructions from government.*

&harma claimed despite being the Home &ecretary he was not "ept in the loop and*not informed about nderson's release.*

To a $uestion whether there was pressure on r!un &ingh, he said: *This is not "nownto me whether there was some pressure on r!un &ingh or not...) did not discuss withChief 9inister r!un &ingh. ) really do not "now.

* ut he certainly gave FsomeG instructions because the Collector had said the Chief&ecretary told him. The Chief &ecretary should not have told him. The Chief &ecretaryshould not have passed on these instructions without very strong instructions from theChief 9inister,* he said.

He also $uestioned the 1overnment's decision to "eep nderson in a guest house afterhis arrest and termed the grant of bail to him as illegal.

*)t is certainly unusual. lthough in a few cases it does happen but it is when theoffence is not heinous and the person is respectable. ut so far as this case isconcerned, 26,000 persons have died and "eeping accused in rest house was certainly,) would say, very unfortunate and shouldn't have been done,* &harma said.


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* hen the case, which was registered under &ection M05 which is a non-bailablecognisable offence in which the bail can only be granted by &essions court after thediscussions and arguments by both sides. Therefore the grant of bail in my view wasillegal,* the former bureaucrat said.

*)n a high profile case, in which so many persons died and somebody who had comefrom the %& has been arrested and if he has been released same day on bail, notinforming me or not "eeping me in the loop, not consulting me was certainly notnormal. )n such cases the Home &ecretary is always consulted.*

&harma said the then hopal &uperintendent of +olice had informed him aboutnderson's arrest and he was not aware that he was released on bail.

* hether there was pressure or not, ) am not aware because till his release ) was notin the loop. ) was not consulted at all. &o ) have absolutely no information whether

there was pressure to release,* &harma said.Congress denies a!iv had a role in nderson escape

Bew @elhi: The Congress party on Jriday strongly re!ected a former prime ministerialaide +.C. le#ander's indication that the then prime minister a!iv 1andhi had helpedarren nderson, the C? of %nion Carbide Corp in 2345, escape from the countrywithin days of hopal gas tragedy.

le#ander reportedly stated that 1andhi and then 9adhya +radesh chief ministerr!un &ingh were directly in touch with each other over the escape of nderson from

the country barely days after the world's biggest industrial disaster in hopal @ec -M,2345.

Congress spo"esperson =ayanti Batara!an said there *is nothing unusual* in a primeminister and a chief minister being in constant touch with each other.

&he said the 1roup of 9inisters for hopal gas tragedy would *gather all informationand put it before the people*.

Sa+ing ,emocrac" From The Corporate Veil

" !opal 3rishna

i!e things the "# should do to $uell the global outrage after the recent !erdict in

the %hopal gas leak case and pro!ide some justice to the !ictims


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The labour pains for giving birth to an understanding of a trans-national corporation,

the scope of its civil and criminal liability, its corporate veil and the chemical disaster

of hopal is still far from over. y now it is clear that unless %& government decides

to act no one else can get to the bottom of the most comple# industrial catastrophe"nown to man"ind in the 0th century. ithout the helpful intervention by the %&

+resident arac" bama, the litigation process will never be able to provide !ustice to

the victims and penalise the natural and artificial culprits.

s democracies, li"e )ndian government, is it time for %& government too to act as

parens patriae FguardianG for the past, present and future victims of hopal in

particular and for !ustice see"ing people of the world. The parens patriae doctrine

which was deemed as a pioneering innovation in !urisprudence was invo"ed for the

protection of all victims of disaster but was sabotaged.

hile government of )ndia enacted itself as parens patriae, @ow Chemicals Company

Fafter %nion Carbide's merger in 002G and its agent in the government have enacted

for themselves a similar role for the global community of the trans-national

corporations against !ustice see"ing victims.

The global outrage against such sabotage stage-managed under the guidance of %&

government that has become evident in the aftermath of the =une ; verdict merits

+resident bama's intervention to set matters right. Ta"ing recourse to !udicial

escapism instead of acting to evolve a !urisprudence of liability for corporations

gravely endangers people's trust in democracy everywhere.

The deafening silence of the %& president and legislature to ensure !ustice to the

victims of corporation engineered mass disaster if not bro"en would constitute *yet

another instance of merican imperialism* in the words of %& =udge Eeenan who

heard the hopal case in Bew Nor" district court.


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%naccountable and ungovernable corporations are a threat to all the democracies. )f

democracy in %& and )ndia is indeed non-negotiable, it merits global efforts to @ow

Chemicals and arren nderson accountable. This is re$uired to fi# the liability of a

trans-national corporation. )n a historic and touching *e#traordinary act a foreignsovereign government see"ing !ustice in an merican court*, )ndia had appealed to

the democratic !udicial system of %& for relief in the matter of industrial disaster of

hopal caused by a %& multinational corporation. How democratic governments of %&

and )ndia respond to provide legal remedy sets a precedent that either legitimises or

delegitamises its very e#istence.

The government of )ndia filed a suit on &eptember 6, 234P for damages in the court of

district !udge, hopal F egular Civil &uit B. 22M/4PG against the %& company, %nion

Carbide Corporation, Connecticut, %& on behalf of all the persons, who have

suffered damages due to hopal gas lea" disaster praying for *a decree for punitive

damages in an amount sufficient to deter the defendant %nion Carbide and other

multinational corporations involved in similar business activities from willful,

malicious and wanton disregard of the rights and safety of citizens of )ndia.* The

)ndian government noted in its reply in the court that %nion Carbide's management

policies, states that *it is the general policy of the corporation to secure and maintain

effective management control of an affiliate.*

)f the %& is indeed a democratic state, its constitution is still alive then it must ma"e

corporations li"e @ow Chemicals and ritish +etroleum liable and accountable for

their acts of omission and commission. The following steps are re$uired in %& towards

that end:

2. The %& government should accept the above submission of the government of )ndia

that *the corporation and its subsidiaries are treated as a unit, without regard to the

location of responsibility within that unit*. Conse$uently, an illegal act by it be

deemed as the act of the corporation, without consideration to its location of

responsibility. The customary alibi of corporations li"e @ow Chemicals is an act in


42/71

sophistry designed to conceal fact of crime and criminals of the upper-world. The %&

government should disclose all the trade secrets of the %nion Carbide Corporation and

its research and development centre that %nion Carbide operated in hopal since

23;P that was suspected to be e#perimenting with wartime use of chemicals. Thissuspicion regarding the disaster being a conse$uence of e#perimenting with war time

chemicals is yet to be probed. %& government should underta"e and facilitate such

probe.

. The %& government must ta"e note of the verdict by the chief !udicial magistrate,

hopal, wherein it is stated, * arren nderson, %CC %& and %CC Eowlnn Hong Eong

are still absconding and therefore, every part of this case Fcriminal fileG is "ept intact

along with the e#hibited and un-e#hibited documents and the property related to this

case, in safe custody, till their appearance*. )n the interest of !ustice for the hopal

victims, the %& government should e#pedite the process of e#traditing nderson at

the earliest.

M. @ow Chemicals Company has set aside . billion to address future asbestos-

related liabilities arising out of the %nion Carbide ac$uisition. How i

mr. obama free ms. devyani khobragade

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