Bhopal gas tragedy verdict on June 7
PTI
BHOPAL, MAY 13
Twenty-six years after one of the worst industrial disasters, the Bhopal gas tragedy which claimed thousands of lives, occurred, a local court trying the case would pronounce its verdict on June 7.
The Chief Justice Magistrate Mohan P Tiwari today said he will pronounce the judgment on June 7 on the toxic leak from the Bhopal factory of Union Carbide India Limited (UCIL) (now defunct), after the arguments of prosecution – Central Bureau of Investigation (CBI) and defence of eight accused drew to a close in the 23-year-old trial.
During the trial, 178 prosecution witnesses were examined and 3008 papers were exhibited.
CBI counsel C Sahay has argued that the tragedy occurred due to defective design of the UCIL’s factory and poor maintenance.
Sahay told the court that the Union Carbide Corporation, United States, surveyed the UCIL’s Bhopal factory in 1982 and found serious safety and maintenance lapses on nearly 10 counts.
He contended that even after the 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.
On the other hand, the defence counsels maintained that maintenance and safety norms were properly adhered to in the UCIL’s Bhopal factory.
Refuting the CBI charge that lack of maintenance and safety measures led to the world’s worst industrial disaster – Bhopal Gas Tragedy, the defence counsels has argued that all steps were adhered to keep the factory in a proper shape.
They said experts from Union Carbide Corporation, USA,who had visited the Union Carbide of India Limited (UCIL) hopal’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 about safety that after the death of one Mohammed Ashraf Khan, it reported the matter to the UCC, USA 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, this unit was not in proper shape.
Defence counsel Prasad told the court that the UCIL had 17 factories across the country and except for the Bhopal unit – all other units were earning profit. The UCIL as a whole was running in profits and its Bhopal unit staffers salary had been hiked before the gas tragedy took place.
He said there was no retrenchment in the UCIL’s Bhopal unit and it had an adequate work force.
The defence refuted the prosecution charge that the UCIL had decided to dismantle and shift its Bhopal plant to a foreign country – Brazil or Indonesia – following financial losses and therefore the factory was not in a good shape.
The defence said 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.
The communication was just related to preliminary study to look into feasibility of dismantling and shifting the unit, the defence has argued. Such a big decision can not be taken by two officers rather by the board of directors, they added.
The defence counsels contended that their clients were not in any way responsible for the tragedy and also put forth accounts of 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 Indian Penal Code (IPC) sections including section 304 (A) (causing death by negligence, 336 (acts endangering life or personal safety of others) amd 337 (causing hurt by act endangering life or personal safety of others) of IPC.
Warren Anderson, former Chairman, Union Carbide Corporation, USA is absconding in the case.
