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Bhopal CJM judgement on Union Carbide gas leak

Bhopal CJM judgement on Union Carbide gas leak

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Published by Debabrata Mohanty
On the night of 2/3 December 1984, the inhabitants of the city of Bhopal became victims of the world’s worst industrial disaster. Forty tonnes of methyl iscocyanate, a highly volatile toxic chemical stored at the pesticide plant owned by Union Carbide India Limited (UCIL), a subsidiary of Union Carbide Corporation (UCC), USA contaminated the water and air. As a result, 15274 peoppe died while 500,000 others suffered injuries. The resulting criminal case has taken 26 years to pass through the courts, during which time many of the original victims died. In June 2010, the CJM court of Bhopal sentenced 8 people to 2 years of imprisonment and Rs 5 lakh fine.
On the night of 2/3 December 1984, the inhabitants of the city of Bhopal became victims of the world’s worst industrial disaster. Forty tonnes of methyl iscocyanate, a highly volatile toxic chemical stored at the pesticide plant owned by Union Carbide India Limited (UCIL), a subsidiary of Union Carbide Corporation (UCC), USA contaminated the water and air. As a result, 15274 peoppe died while 500,000 others suffered injuries. The resulting criminal case has taken 26 years to pass through the courts, during which time many of the original victims died. In June 2010, the CJM court of Bhopal sentenced 8 people to 2 years of imprisonment and Rs 5 lakh fine.

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Categories:Types, Business/Law
Published by: Debabrata Mohanty on Apr 19, 2011
Copyright:Attribution Non-commercial

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04/19/2011

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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE BHOPAL MP
(Presided By­ Mohan P.Tiwari)
Cr. Case No. 8460
 / 1996
 Date of Institution ­01.12.1987
State of Madhya Pradesh through CBI ­­­­­­­­­­­­­ ComplainantVs.Sri Warren Anderson S/OSri John Martin Anderson Former Chairman,Carbide Corporation, 39, Old Ridgebury Road, DanburyUSA 06817 (
Absconder)
Sri Keshub Mahindra S/O Lt. Sri kailash Chandra Mahindra FormerChairman, Union Carbide India Ltd. 15,Mathew Road Bombay r/oFt.No.9&10 St. Helen's Court G.Desmukh road BombaySri Vijay Prabhaker Gokhle S/O Sri Prbhaker N.Gokhle Former ManagingDirector,Union Carbide India Ltd. r/o15,Mathew Road BombaySri Kishore Kamdaar former Vice President i/c AP Division Union CarbideIndia Ltd. r/o kshitij 19
th
Floor Napean BombaySri J.Mukund former Works Manager AP Division Union Carbide India Ltd. r/o6D ­ Landsend Downersi Road BombayDr.R.B.Roy Choudhary former Asst.Works Manager AP Division UnionCarbide India Ltd. r/o Satya Ft. No.10,15
th
Road Bandra(W)Bombay­(
dead
)Sri S.P. Choudhary,former Production Manager AP Division Union CarbideIndia Ltd. r/o 12 Akor Park behind Meera Society Shankersheth roadGulatkhedi PuneSri KV Shetty Plant Superintendent AP Division Union Carbide India Ltd. Bhopal 
 
 
State of MP Vs.
Warren Anderson
& others
Cr. Case No.
8460
 
/ 1996
 
2Sri SI Qureshi former Operator AP Division Union Carbide India Ltd. Bhopal.10­ Union Carbide Corporation , 39,Old Ridgebury Road DanburyConnecticut ,USA 06817 (Absconder)
­( Absconder)
11­ Union Carbide Corporation ,(Eastern) Inc. 16
th
Floor New World OfficeBuilding (East Wing) 24, Sabury Tsimsa Tsu Kowloon Hongkong, 
­( Absconder)
12­ Union Carbide India Ltd. 1,Middleton Street Calcutta­16­­­­­­­­­­­­­­­­­­­­­­­­ Accused personsFor the CBI Senior Public Prosecutor­ Sri SahaiFor the Accused No. 2 ,Mr. Keshub Mahindra ,Former Chairman, UnionCarbide India Ltd. Bhopal & Accused No 12 Union Carbide India Ltd.1,Middleton Street Calcutta­16Sri Amit Desai Senior Counsel with Sri Ajay Gupta Adv.For the Accused No. 3­9 ,Sri D. Prasad Senior Counsel, and Sri Ajay Gupta Adv._________________________________________________________________________________(Delivered on 0 7, June 2010)Accused persons have been charged under Section 304­A 336,337 and S.338 r/wsection 35 of Indian Penal Code 1860.The facts are not disputed that the accused persons namely Sri Warren Anderson S/OSri John Martin Anderson Former Chairman, Union Carbide Corporation,Danbury Connecticut ,USASri Keshub Mahindra ,Chairman, Union Carbide India Ltd. Bhopal, Sri Vijay Prbhaker GokhleManaging Director,Union Carbide India Ltd Sri Kishore Kamdaar,Vice President i/c AP Division UnionCarbide India Ltd ,Sri J. Mukund former Works Manager AP Division Union Carbide India Ltd., SriDr.R.B.Roy Choudhary (dead) Asst.Works Manager AP Division Union Carbide India Ltd. , SriS.P.Choudhary, Production Manager AP Division Union Carbide India Ltd. , Sri KV Shetty PlantSuperintendent
 
 
State of MP Vs.
Warren Anderson
& others
Cr. Case No.
8460
 
/ 1996
 
3Works Manager AP Division Union Carbide India Ltd. Bhopal and Sri SI Qureshi former Operator APDivision Union Carbide India Ltd. Bhopal were employed in the Union Carbide of India Limited (Inshort UCIL). It is also undisputed that in the UCIL Bhopal Plant pesticide under brand name Sevin andTemik were manufactured with the help of MIC,Phosgene and Chloroform. There were three storagetanks in the plant for the storage of liquid MIC. These tanks were designated as E­610, E­611 and E­619. On the intervening night of 2
nd
and 3
rd
Dec.1984 from the tank no. E­ 610 a huge quantity of MICescaped which caused the death immediately of thousands of humans beings and also causedsimple and grevious injuries to a number of people, some of whom became permanently disabled andthe number of effected persons is near about 5 lacs . Thousands of animals and other creatures hadalso been effected.The brief facts of the case are that the Union Carbide India Ltd.(in short UCIL) is asubsidiary company of the Union Carbide Corporation (in short UCC) USA. UCE Inc. was theRegional Office of UCC, USA which controlled the UCIL, India and others. The UCIL wasincorporated on 24th December, 1959. The UCC was a major shareholder with 50.9% of the shareholdings in the UCIL. The UCC was nominating its own Directors to the Board of Directors of theUCIL and was exercising strict financial, administrative and technical control over UCIL.UCC businessworldwide is conducted principally through the Divisions, subsidiaries and affiliates. Subsidiarycompanies are those operating anywhere in the world in which UCC's direct or indirect ownership ismore than 50%.Vide letter dated 14.9.1972, the UCIL had submitted application for foreigncollaboration with UCC, USA which was considered at length and in the meantime the company videletter dated 29.11.1972 represented that the foreign collaborating company had established technicalknowledge for several years on the basis of which the foreign company at USA was manufacturing

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