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Gas Tragedy: All Eight Convicts Sentenced to Two Years Imprisonment; Get Bail

In Bhopal gas tragedy case, a local court has sentenced all eight convicts to two years of imprisonment and slapped a fine of Rs 5 lakh on the Union Carbide India, said media reports.

After convicting all eight accused in the case including former Union Carbide Chairman Keshub Mahindra, chief judicial magistrate Mohan P Tiwari awarded them two-year term with a fine of Rs 1 lakh and slapped a fine of Rs 5 lakh on the Union Carbide India, reports said.

However, all the convicts were also granted bail at the surety of Rs 25000 each.

Besides Mahindra, other seven convicts include Vijay Gokhle, the then Managing Director of UCIL, Kishore Kamdar, the then Vice President, JN Mukund, the then Works Manager, SP Choudhary, the then Production Manager, KV Shetty, the then Plant Superintendent and SI Quershi, the then Production Assistant.

Earlier, all of them were held guilty under Sections 304 – A (causing death by negligence), 304 – II (culpable homicide not amounting to murder), 336, 337 and 338 (gross negligence) of the Indian Penal Code.

Court verdict, however, had no word on Warren Anderson, the then Chairman of Union Carbide Corporation of the US, who was proclaimed an absconder after he didn’t subject himself to trail in the case.

Twenty five years ago, on intervening night of Dec 2 and 3, nearly 15000 people had died in Bhopal due to the leakage of methyl isocyanate gas from the Union Carbide plant.

Dateline

December 3, 1984: Toxic methyl isocyanate gas releases from Union Carbide India Ltd’s (UCIL) pesticide plant in Bhopal killing about 15,000 people and injuring at least five lakh others. Millions were left sick and the affected passed on the harmful effects of the gas to the next generations.

December 4, 1984: Warren Anderson, the chairman of Union Carbide, is among nine people arrested. But he was freed on bail of $ 2,000, upon a promise to return. Union Carbide is named as the 10th accused in a criminal case charged with culpable homicide.

February, 1985: Indian government filed claim for $ 3.3 billion from Union Carbide in a US court.

1986: US District Court judge transfers all Bhopal litigation to India.

December 1, 1987: CBI prepared chargesheet against the Chairman of Union Carbide Corporation of the US Warren Anderson

February 9, 1989: Chief Judicial Magistrate Bhopal issued non-bailable warrant against Anderson

February 14, 1989: CBI received approval from the US for inquiry of Union Carbide

February 14 and 15, 1989: Supreme Court issued directive to the Union Carbide US for giving compensation to victims.

Indian government and Union Carbide strike an out-of-court deal and compensation of $ 470 million is given by Union Carbide.

February – March 1989: Public protest against the unjust settlement followed by filing of a number of review and writ petitions against the settlement in the Supreme Court by the Bhopal Gas Peedith Mahila Udyog Sangatan (BGPMUS), the Bhopal Gas Peedith Sangarsh Sahayog Samiti (BGPSSS) and other concerned groups.

1992: Part of $ 470 million is disbursed by the government among Bhopal gas victims.
February 1992: Anderson declared fugitive by law for ignoring court summons.

November 1994: Despite numerous petitions by survivors’ groups, the Supreme Court allows Union Carbide to sell stake in UCIL to McLeod Russell (India) Ltd of Calcutta.

September 1996: Supreme Court dilutes charges against Indian officials of Union Carbide India Limited -subsidiary, majority owned by Union Carbide Corporation [UCC] – partly on grounds that culpability lies with UCC.

August 1999: Union Carbide announces merger with US-based Dow Chemicals.

November 1999: International environment watchdog Greenpeace tests soil, groundwater and wells in and around the derelict Union Carbide factory and finds 12 volatile organic chemicals and mercury in quantities up to six million times higher than expected.

November 1999: Several victims and survivors’ organisations file an action suit against Union Carbide and its former CEO, Warren Anderson, in federal court of New York, charging Carbide with violating international human rights law, environmental law, and international criminal law.

February 2001: Union Carbide refuses to take responsibility for UCIL’s liabilities in India.

January 2002: A study by Srishti and Toxics Links finds lead and mercury in breast milk of nursing mothers in communities near the plant.

June 29, 2002: A hunger strike was staged in Delhi for delay in awarding punishment to Anderson

August 28. 2002: Chief Judicial Magistrate instructed Anderson to come to India for trial

October 2002: Protests to clean up former UCIL factory site in Bhopal that activists say contains thousands of tonnes of toxic waste.

May 2003: The Indian government formally conveys its request for extradition of Anderson to the US.

March 2004:
A US court says it could order Dow Chemicals to clean soil and ground water in the abandoned factory site if the Indian government provides a no objection certificate. The Indian government forwards the certificate to the United States.

June 2004:
The US rejects India’s request for extradition of Anderson saying the request does not “meet requirements of certain provisions” of the bilateral extradition treaty.

July 19, 2004: India’s Supreme Court orders the Central Bank to pay out more than 15 billion rupees, part of the original $ 470 million received as compensation kept in the account since 1992.

October 25, 2004: Bhopal gas victims protest the failure of the government to pay victim’s compensation.

October 26, 2004:
India’s Supreme Court sets deadline of November 15 to pay out the rest of $ 470 million paid by Union Carbide as compensation.

February 6, 2006: Court recorded statements of Keshub Mahindra and other accused

June 1, 2009: Chief Judicial Magistrate Bhopal against issued a non-bailable warrant against Anderson.

May 13, 2010: Court completed hearing in the case and posted decision on June 7

(Based on internet reports)

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