Bhopal Gas leak

Verdict on Bhopal Gas leak case comes after 26 years.

During the trial, 178 prosecution witnesses were examined and 3,008 documents were

exhibited.CBI counsel C Sahay has argued that the world’s worst industrial disaster occurred due to

defective design of the UCIL’s factory and poor maintenance. Sahay told the court that the Union

Carbide Corporation, USA, surveyed the UCIL’s Bhopal

factory in 1982 and found serious safety and maintenance

lapses on nearly ten counts.He contended that even after

UCC experts’ team visit adequate safety measures and

maintenance work did not take place in the UCIL.The

prosecution argued that even the experts’ team of the

central government which visited the UCIL plant, after

the toxic leak from it in 1984, found that safety norms

and maintenance work had not been properly carried out

in the factory. Sahay has contended that the expert team

has found the design of the plant defective which led to

the tragedy.On the other hand, the defence counsels D

Prasad and Amit Desai maintained that maintenance and

safety norms were properly adhered to in the factory.

They said experts from Union Carbide Corporation, USA,

who had visited the UCIL Bhopal’s plant did not find any

fault in the unit following the death of a worker in 1982 —

two years before the tragedy.The defence contended that

the UCIL was so much concerned on safety front that

after the death of one Mohammed Ashraf Khan, it reported

the matter to the UCC, which carried out a safety audit.After the UCC team’s visit, its recommendations to further improve safety measures were taken

care of in the stipulated time. The defence counsels have also refuted the charge that UCIL Bhopal

was running into losses and as a result of it, the unit was not in a proper shape.Defence counsel

Prasad told the court that the UCIL had 17 factories across the country and except Bhopal unit, all

others were earning profit. The UCIL as a whole was running in profit and its Bhopal unit staffers’

salary was hiked before the Gas tragedy took place.He said there was no retrenchment in the Bhopal

unit and it had adequate work force. The defence refuted the prosecution charge that the UCIL had

decided to dismantle and shift its Bhopal plant to foreign country — Brazil or Indonesia — following

financial losses.The prosecution’s theory that the factory was being shifted was based on a written

communication between two officers — one of UCIL and another of Union Carbide Eastern, Hong

Kong, it said.The communication was just related to preliminary study to look into feasibility of

dismantling and shifting the unit, the defence has argued, adding such a big decision can not be

taken by two officers.The defence counsels contended that their clients were not in any way responsible

for the tragedy and also put forth the accounts of the witnesses and documents.

The accused in the case include Keshub Mahendra, then Chairman of UCIL, Vijay Gokhle, then

Managing Director of UCIL, Kishore Kamdar, then former vice president, UCIL, Mumbai, J Mukund,

then former Works Manager, UCIL, Mumbai, SP Chouhary, then former Production Manager, UCIL,

Mumbai, K V Shetty, then Plant Superintendent, UCIL, Mumbai, SI Qureshi, the then Production

Assistants, UCIL, Mumbai.The accused have been tried under various sections of IPC including 304

(A) (causing death by negligence, 336 (acts endangering life or personal safety of others) and 337

(causing hurt by act endangering life or personal safety of others).Warren Anderson, former Chairman,

Union Carbide Corporation, USA is absconding in the case. On June 7, 2010 the verdiet pronounced

by the Chief Judicial Magistrate convicted all the eight accused including the farmer chairman of

Union Carkide, Keshab Mahindra and awarded them a maximum of two year’s imprisonment. They

were later released on bail.

Bhopal gas tragedy : Timeline

December 3, 1984: Union Carbide India Ltd’s (UCIL) pesticide plant in Bhopal releases

Methyl isocyanate. Around 800, 000 people exposed to the gas. According to government

estimates, 15000 people died. Others passed on the harmful effects of the gas, genetically.

A FIR in the tragedy was filed.December 4, 1984: A case is registered against Union

Carbide. The chairman Warren Anderson is arrested but later released on bail by the

Madhya Pradesh police.December 6, 1984: The case was transferred to CBI1985: India

claims $3.3 billion from Union Carbide in an American court.December 1, 1987: The CBI

filed the charge sheet after investigation and subsequently, the CJM framed charges against

the accused under section 304 Part (II) (culpable homicide not amounting to murder),

section 326 (voluntarily causing grievous hurt by dangerous weapons or means) and other

relevant sections of IPC.1989: Indian government and Union Carbide strike out-of-court

deal, Union Carbide gives $ 470 million.1992: Part of $ 470 million disbursed among

victims. Anderson declared fugitive from law for ignoring court summons.September 13,

1996: After the accused moved the Apex Court, it amended the charges to 304 (A) (causing

death by negligence), 336 (acts endangering life or personal safety of others, 337 (causing

hurt by endangering life or personal safety of others) and other sections of IPC.2001:

Union Carbide refuses to take responsibility for former Indian arm’s liabilities. 2004: Supreme

Court orders government to pay out rest of $ 470 million paid by Union Carbide as

compensation.June 7, 2010: Finally, after more than 25 years, a local court held all eight

accused guilty in the case. However, all eight convicts were granted bail.