All seven convicts and the company, Union Carbide India Limited (UCIL), under the Bhopal gas tragedy case will soon move to sessions court to appeal against the recent judgement passed by a local court in Bhopal which sentenced them for two years along with a fine of Rs 1,017,50 each while Warren Anderson and two others have already been declared absconding.
“The company and all convicted former employees will soon appeal in sessions court against the judgement,” a source in the UCIL told Business Standard.
On being asked if the company had submitted the fine, the source said, “All have paid the fine immediately and will soon plea in sessions court.” He, however, did not divulge on details of the grounds on which the company and convicts namely, Keshub Mahindra, former Chairman, Vijay Prabhaker Gokhle, former managing director, Kishore Kamdaar former Vice President and in-charge of AP Division, former Works Manager, SP Choudhar, former production manager, KV Shetty Plant Superintendent and SI Qureshi former Operator, will move court.
The source said, “There are provisions in the law for all convicted to appeal in the upper court.”
The seven persons, who were key employees of the company, had been released on bail while the UCIL was fined Rs 5 lakh. Meanwhile the convicts who have been charged and held responsible for criminal negligence under Section 304A 336,337 and S.338 (read with) section 35 (to have common knowledge of circumstances) of the Indian Penal Code 1860, have about 30 days to appeal.
Soon after the conviction on june 7 in the court of chief judicial magistrate Mohan P Tiwari, the defense lawyer had submitted on behalf of the accused persons, “that most of them (convicted) are old persons who are first time offenders facing the trial for the last 25 years and that the company has deposited a sum of US $470 million in compliance to the Supreme Court’s Order. Therefore, they should be treated leniently.”
On behalf of Keshub Mahindra the lawyer submitted “that he is an old man aged about 86 years of age and an excellent personality of the Industrial World. He was merely a nonexecutive director like the others. Apart from being involved in the Industries, he has been associated and contributed to various fields, such as academic, cultural, legal and social reforms, Philanthropy, etc. Apart from all these, he is suffering from a number of diseases.”
The defense lawyer pleaded to the court for a lenient view that be adopted by enlarging the accused under probation of Offenders’ Act or under the provisions of Section 360 CrPC. The CJM Mr Tiwari turned down the plea and in his 95-judgement ruled, “The Bhopal Gas Tragedy is the worst tragedy in the world that has shaken the whole world.
Therefore, in such worst disasters, if the accused persons are extended on probation, either under section 4 of Probation of Offenders Act or under the provision of Section 360 CrPC, there will not be justice with the people, who suffered great losses The end came horribly, but, at least the nightmare was brief. For those who survived the MIC leak, the release will not come so quickly. Thousands of the seriously affected survivors still suffer such extensive lung damage that they can no longer apply themselves physically fit while walking briskly even for a few minutes sends them gasping to their knees. Women have peculiar gynecological problems and still give birth to deformed children.
The tragedy was caused by the synergy of the very worst of American and Indian cultures. An American corporation cynically used a third world country to escape from the increasingly strict safety standards imposed at home. Safety procedures were minimal and neither the American owners nor the local management seemed to regard them as necessary. When the disaster struck there were no disaster plans that could be set into action. Prompt action by the local authorities could have saved many, if not most, of the victims.
The immediate response was marred by callous indifference.”
