Regional (M.P & C.G) NEWS
NGO to Move HC against Bhopal Gas Tragedy Verdict
June 8, 2010 Visionmp.com news service
Irked over the verdict in Bhopal gas tragedy case, an NGO working for the victims of world’s worst industrial disaster has said that it will move Madhya Pradesh High Court challenging the decision and will also meet Prime Minister Manmohan Singh and Law Minister Veerappa Moily in the regard, said media reports.
“We are going to challenge the Chief Judicial Magistrate’s order in the Madhya Pradesh High Court. We want that the seven convicts should be tried under Section 304-II (culpable homicide not amounting to murder) and other tough sections of IPC and punished severely for more than 30,000 deaths,” Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS) Convenor Abdul Jabbar was quoted as saying while talking to reporters.
“We are waiting for the copy of the CJM’s order,” he was quoted as saying.
He welcome Moily’s statement that ‘justice has been buried’ in the case and said that they would soon call on the law minister and the prime minister to ensure punishment to convicts under tough charges, reports said.
“We will ask Singh and Moily to set up a commission to look into the gas tragedy case and set up a special cell for a speedy trial,” he was quoted as saying.
“We are unhappy with the prosecution agency, CBI, which has failed to bring to India, Warren Anderson, the then chairman of Union Carbide Corporation, USA to face trial,” Jabbar was quoted as saying.
(Based on internet reports)
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Arun Mithal on Tue, 8th Jun 2010 8:49 pm
The crimanal action initiated against the Union Carbide, was a mistake. the action under the Law of Torts should have been taken, because “A Tort” is said to have been comitted whenever there is a violation of the right of a person. The rule of Strict Liability under Torts should have been fastened on the Management of Union Carbide, which has its origin in the case of “Ryland v/s Fletcher” , which was followed in several Indian cases, lastly it was invoked by the Hon’ble Suprem Court of India, in the case of Oleam Gas leak(M.C.Mehta v/s Union of India) reported as (1987-1-SCC-395).The court laid down the following rule:
“Where an enterprises is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability under the rule in “Ryland vs Fletcher”.
The effect of this would have been that it should not have taken26 years to decide as the burdon of proof is lower than it is in the criminal action.Besides this the amount of financial compensation to the victims would have been in accordance to the status/ paying capacity of the accused.
This has been writen to enable it to be used in right the prespective.
Arun Mithal
Arvind Singh on Thu, 10th Jun 2010 6:06 pm
All this has driven by politics, nothing can happen now,would be if the gets 25 years ago and never run out Anderson. This verdict is too late as well as too little , But I support you NGO to go against this verdict. http://www.lawisgreek.com/bhopal-tragedy-verdict/