Hkksiky xSl =klnh

BHOPAL GAS TRAGEDY

gknlk ugha lkew fgd gR;k gknlk ugha lkew fgd gR;k gknlk ugha lkew fgd gR;k gknlk ugha lkew fgd gR;k gknlk ugha lkew fgd gR;k
BHARATIYA JANATA PARTY
Foreword
The court verdict on 1984 Bhopal gas tragedy has shocked the na-
tion. The revelations thereafter were much more shocking and deplorable.
It is now an accepted fact that insensitivity of the Congress and its leaders
knows no bounds. It is estimated that more than 20,000 people died and
many times the number are still suffering disabilities of various kinds due
the leak of poisonous gas from Union Carbide of India Limited (UCIL)
factory in Bhopal in 1984. The people continue to suffer the after effect of
the gas leak even today. Even in the wake of such a disaster the Congress
government of the day allowed the chief culprit Warren Anderson, the
CEO of UCIL to flee the country flouting the law of the land. What is even
worst is that the government colluded with him in allowing him a safe
passage.
The court verdict pronounced on the perpetrators of Bhopal Gas
tragedy is further weakening the faith of people in the system. The cases
related to the tragedy remained stuck in the cobweb of legal tangles for
nearly 23 years and when the verdict came out it was nothing more than
tokenism. Seven ex-employees, including the former chairman of UCIL,
were convicted in Bhopal of causing death by negligence and sentenced
to two years imprisonment and a fine of Rs. 1,00,000/- each, in addition to
a fine of Rs. 5,00,000/- on the Union Carbide India Ltd. (UCIL). This was
the punishment for the loss of more than 20,000 lives. While the CEO of
UCIL, Warren Anderson was helped to flee the country by the govern-
ment, no serious effort has been made to extradite him.
Bharatiya Janata Party raised the issue of Bhopal gas tragedy in the
parliament seeking answers from the government on its various acts of
omissions and commissions. In the Lok Sabha, Leader of Opposition Smt.
Sushma Swaraj while raising the issue termed the tragedy not an accident
but an act of mass murder while Shri Kailash Joshi held Congress respon-
sible for letting Anderson flee the country. In Rajya Sabha, Shri Ravi
Shankar Prasad, Shri Prabhat Jha and Shri Vikram Verma recounted the
horrors of tragedy and sufferings of the people citing various acts of
Congress government which resulted in one of the worst tragedies of the
world. We are publishing the text of their speeches in the parliament for
our readers. We are also publishing the speech of Shri Arjun Singh in
Rajya Sabha. His speech which is seen as his answer to various charges
against the then Congress headed by him has raised many questions
again.
Publisher,
Bharatiya Janata Party
11, Ashoka Road, New Delhi
August 2010
l q" ke k L o j kt d Sy k' k t ks' kh
j f o ' kad j l kn Hkkr > k
f o e o e kZ v t Zqu f l ag
Debate in Parliament
iii n i(| iii n i(|
1 2
-ttte ma ta- xt-at
nx, at=|x+ xet
J he r h l q" ke k L o j kt J he r h l q" ke k L o j kt J he r h l q" ke k L o j kt J he r h l q" ke k L o j kt J he r h l q" ke k L o j kt
ii -ri( i - -n ((i ii : (i(i| i
i l i| r: r+ -| :si i| l r i l- s nrn
ri n| i (i( ( -i -ni( iln ni l - n (nii ni
l i iri l-ln - l- ss nrn i i | r-ln (|
r+ r-ln n - i l- i l(lnn l(i i - l-
ss nrn i r| r+
-ri( (i ss ili| n| -r| lr(-ni - n| (| il(i
l i in r + - ( | s ni|i i -n( -r| i ili| l(
n-i| ii-| |-n| :l(i nii| | r-i r: i n l(
(-( r nir - rii ri li ii:i i i l(i i
l(i+ : -r| (i( l(-( | z ni|i i s ni|i | - il
i r|| n li( rii iii(ili i -in | |( i
l(i+ n| il(i n| nr iii r:+ r| i(| l((iiin
| ii-i i|+ ( | i(| i| lii i ri ni | ii-i i|
i iii - r|| n i li( i(ir| | ii-i i|+
-ri( i| ( l(i r l(~| n-n i-i (i|
: ri( | l(lilii i (iin r n| i|+ - -( (ri n: i|+ (ri i|
r: n-(| i(| | ini i| (ni r| i| i | ii(rni i|
l(ii r| i|+ n-(|i zr (i (i( i| : ri( i |( n - in
i l(i ii+ -n r| -i- l r- - ln ini (r i-i (i|
( i| r l (r i -i (i | ri( | |l(n ri| r r| i|
i zr i r iii - ri ii+ i| ls l(i -|(| i-
ii i n i(| i i ri ii l- n |l n ii (i ( r
i+ - nr -| | i ri irn| l i- - -lri (i r|
i| l (i (i -n i| r| in+ ri ii l l( iii
- :iln i --ni (ii - n: i|+ ini i ( -( i (i |
l i|+ -i (i i si iin r| i| i ( ( -i(i i si
iin r i + ( i (i ri l l( -in (rn i( n r| i|+
i l n ii i i i ii - i ri r| i| i n
( nriii n r i + :l i- n ni r i i : :i ( - ini ii
ni - r lni ii : ( n - : - l- (|+ rii ( i l + -n
i l in(i -n i| -- i -n i| -in (i+
ii | - i ri irn| r l r -in iii - l(
i r| (| i|+ r -in + i - r| | i|+ : -in
((ii i-ii-i ri ii : -| (ii i (-n ( ri
ii n| i n l n-ri ri i i| r n -n i-i n ri
ni i-i (i+ n ( (i n: ni - rii i | i+n|+ -in
i l-i (i(i i r| i| i | i(i i | ir-+
l r i(i (-n| (ii r i(i l- n -i | r i(i
(ri ii | i (i(i (ri lin(ii i i | i lii
| -| iii i i | ilii |+ l -n (i ri
ni r l ii ( i - i inii ii -(
- -in | : i(i i i l(i+
- i ii i(i | ln r+ :- i| (i i r+ (ri
lnl-n i r | i-i (i|+ r i(i c ss
i r + r i-i (i i n| l(-( ss | i il | r + lri( nii
ni : i-i i i -r| r i-i (i| r i lii
li i|i r iii (ii-i| -ri + :ni (i i -
r| i n| l s i ln i ii ii ir n|+ - :
nr -| | i (| i -| | i i irn|+
yksdlHkk
;g ekSr Hkksiky esa ml fnu
vpkud ug cjlh FkhA ;g ekSr
ij ls vkdj Vid ug iM+h FkhA
bl ekSr us njoktk [kVdk&[kVdk
dj dgk Fkk bl QSDVjh okyksa dks]
nLrd nsdj dgk Fkk rhu lky
rd fd rqEgkjs }kj ij vkdj [kM+h
gwa] vxj eq>s ykSVk ldrs gks rks ykSVk nksA vxj vanj os'k dj xbZ
rks eSa gtkjksa dks yhy tkaxhA ekSr ?kafV;ka ctk&ctk dj lquk jgh
Fkh vius vkus dh vkokt+] vius vkus dh vkgVA
iii n i(| iii n i(| 3 4
ii | ssz | i-i i l n r i-i (i|
c ss i ii i(i - lin r
l r -( ssz -n(i i (r l( ( in ii - li
(i(i | i - n(| ri ri ii ni| -i:| i- i- r
i- (i rii (i~( in r| i: i:i i i (i| ll
i-i ii - | i r|i l-ii: i( | nr ( i+ i-
i- r -( | i (i i ((r(i| - (ir | n iin
n i in | i (ni i| i | -r i(i - n
-i+ : ( i -i - ri i - i i n n-i| ii r (r| ( |
i in( ii : ini i ii|l i- i: i s ini ni
l(-n r| li+
in | i: i| (i| r+
sss i i i| | r| (i i-ii i ii| ri n ni+
r ssz | i-i (ni:+ in ri
l ssz i i i| | r| (i i-ii i ii| ri n ni+
-i- r ss i (i i -( (ii ii r+
r c ss i i-i (i| lii l ni r| ss i
r (i i - ( (i i ii r+ : (i - ii | ii i i| r i
il((ii| i|+ :l - i ri irn| r l : nr | i-i i
: i- - ls n| (ii ri r| i| ( i| r| n:+ :l r
i ni ln iili i(ir| i -i-i r + | i(ir| li :i ri
ini ni r ri(i ni ii+ l (i i - ( i -i
ri (| n: i r iii r| ni i :i r| li ni+
- : -| i iii i :lnri (nii irn| r+ ii | scs
- l i(i: iii l i(i: i :li ll-- i r
i- iii - nii+ r |-ii ((i:i (i i i- ii+ :-
-i:| n :-n-i rin| i|+ l -i:| ri (n| r| i| i
ri -i( r| ri ni ii i iin -|i li ini ii+ (i s/a
- : | i( ( l(i l r- l-ii: i:i i:i: :| |
- -i( i i: l(i i+ -i| nr -| | (i s/a i
r i(( i (i n i ri l (i s/r - ( i l|- ii
ri | i| (| (|+ ( iin ini nil
lii s| l n ( (i - iini| l-iln in i| n( -(
s/r - r i: : | i l(i ni l i -i:| i -i(
ri n r+ - ri irn| r l -- ni( ri (- iii
- l( i l(i ii l l( : | i -i:| (i i i:
i rii ( l(i ni ii+ -i:| | n iiii n r| rin|
r -i:| | n si-|-i-| r|| n i| r| rin| r+ ii |
-i:| | n (r n r i lrn| l((- - :-n-i r: i| r (r
n r i lr- n-(i - :-n-i | i| r (r n r i l(i
( i ln( lin i|+ : n i ni (i| - | l s i(iili
(n l- r+ : nr | -| n | |-i - - zazr
li-|- (ir n| ilr i|+ l r | ri n| (ri (rn i|
i(i(| i| ( |( | ii li : ii (| r : i|+ : i| l-i
| ( ri | n|+ l- r r l r n ( ( - i - r| i| in|
r si-si- -i - i| in| r i ( si- - i| ii ii| i in
r l n i| i| - - i i i n n ni (r i
iii ii ri - r (r n (r| n r i (ir s+ ii
ii| - i| i in r + n n n ni n (i( - - i
(| i+ (ri - - |i ln | r ln | ii ini r + : | | (i(-
- :- i| i(ii| r| (n| n| i r (in - r| r r| r l
- r ri(i ri ni ni (rn | i li i : | - i
l ii ni+ i iii |(|i: ii|- i: | r
(r ii|- ||- i i lr-i r i i| / i ri
i l(i r+ -i| nr -| | (| r - - (r lr-i
ii irn| r l ii i(ilri i l ii|- - li
ni+
Mr. Home Minister I would like to draw your attention to what
the CGM says according to the charge sheet and I would quote:
"The procedure for storage of MIC has been given at page 7.
MIC should be stored in underground tanks of stainless steel type
304 and 316 for safety reasons. The size of the tank should be kept
twice to the volume required for storage. As an alternative an empty
tank should be kept available at all the times.
Now, the CSIR Report reveals that the main cause for the
incident were:
The needless storage of large quantity of MIC in large tanks
like tank number 610.
Insufficient caution in design.
Choice of material.
Other alarming instruments.
Inadequate control on system of storage
iii n i(| iii n i(|
5 6
and on quality of stored material and as well as necessary fa-
cilities for quick effective disposal of material which led to the
incident." There is one more thing, Mr. Home Minister:
"More so on the date of incident, refrigeration system was not
working. The flare tower was also out of order. VGS was inca-
pable of neutralizing the large quantity of MIC. The MIC which is
highly dangerous and toxic poison and stored in large quantity was
an act of omission on the part of the accused person and no step
was taken by the then authorities, namely, Shri Warren Anderson,
the Chairman, Union Carbide Corporation, USA."
r r (r i(ir| -i-i i - i i- ii r l ii|-
iii ri ri l r ri(i ri+ :|l - ri r -i-i
i-i (i-i i r| r r -i-i ( |- i r| r r -i-i
i- lr r-i i -i-i r + i : li i i in ri ( ili ii
-i l (i l lr(-ni | i i -ni -nn r r
ri(i ri l(i ni+ r ri(i r i r| r ri(i (ii ni i(ir|
ii (ii ni+ r -i ri ii r+
-ri ( (i( i ri n| r | (i-ni l i i n-
i ri in+ rii | i - in - ( in ln(ii i
(i i (ir -i n i ni i r : i | i: +
n- ( n |l ni ri nn nri nn
(ini - -(- i ( r+ ( iii l(~| - i
n+ nrnr nn nr n ni iin i
i ni l :n in nn l-nn ni r r|
r| rini+ (rn rini l r- - (i i: i lii i(
i : i| | n r- + : i ii - iln
ri iii n | li-- iiln i - - ssr+ : -
i ( (--ln iln li i i lii i
l+ : - | iii s rn| r i l(li( ii r in r l ( l|
| -i: i rini r ni ( ((ii ri ini r+
i| i ri l i lii r- ( (i i : l- r|
ni r- r i: n r l- | n l r| i| - (-i
i ii r + i ni i ni l : ( | i r| ri n| : ( | -((
iin i r| n| r+ i i(-| (ri-| |
ni i :ni i :ni (i -i :ni (i :i-- r+
l n iin i r-i| i n| ni iin i in (r
(ri-| | si-| in|+ iin i rii :n ( r l (r
r- i| | i | i ((i n| i r- i l(in|+ ii i
n |lni iii li+ n |lni n i l((i r l(
iln (i l(i+ | ( (--ln n |lni i
lii iin i i ( l( + l (i( i i-i r - ii
(ni+n| ni i ri r in+ i i (i( ssr - r - ii+
(i sss - iin i l n |lni iii li ii i
(i(i ri ii ii (r (i(i s (ssca (i( - ri n| l(l
i i| ssaa i -i( i (i(i li ii+ sss - iin
i l i(i: iii ri-i li i- i
l( i- l--- li+ i- ( -l- i r| ri i i-
i l( i- iin i i l i(i: i :li ll--
ini (- ri-i n li i cr i - | i|
( (ili i-- (| | i| l-- (ili i-- (|+ i r i ri n +
-i i iini r l - - : -nin i n| r+ (| i r
-ni ni r i+ r (| i i r i i (i( -- i l-- -
(|+ ( -- i l--- i r` ( n| - r :l r - n| -
(nin| r i (i( - i lr(| i(ii (ni+n|+
"This settlement shall finally dispose of all past, present and
future claims, causes of action, civil and criminal proceedings of
any nature whatsoever wherever pending by all Indian citizens and
of public and private entities with respect to the past present and
future dates, personal injuries, health effects, compensation, losses,
damages and civil and criminal complaints of any nature whatso-
ever against the Union Carbide Corporation."
Union Carbide India Limited, Union Carbide Eastern and all
of their subsidiaries and affiliates as well as each of their present
and former Directors, officers, employees, agents, representatives,
attorneys, advocates and solicitors arising out of, relating to or con-
nected with the claims, causes of action and proceedings against
each other. All such claims and causes of action whether within or
outside India, all Indian citizens public or private entities are hereby
extinguished including, without limitation, each of the claims filed or
to be filed under the Bhopal Gas Leak Disaster registration and
processing of claims 1985 and all such civil proceedings in India are
hereby transferred to this court and are dismissed without preju-
iii n i(| iii n i(|
7 8
dice and all such criminal proceedings including contempt proceed-
ings stands quashed and accused deemed to be acquitted upon full
payment and in accordance with the court's direction. The under-
taking given by UCC pursuant to the order dated 30th November,
1986 in the district court of Bhopal stands discharged and all orders
passed in suit no. 113 of 1986 and or any revision therefrom also
stands discharged." ii -ri( r -nini n| - ii :l
n | (ii i ni -n - i ni ri ni+ l - lr(| i i(ii : (
-i- (i i (nii irn| r l :i i i r+ :i i r
r l cr i iin| i i ( l i(i: ini
n |l ni ri i cr i i ni( ri ii + i((i n
(|i l| i- r| (in - -n (|ii+ i r-i| in
il( i (n-i | i| ((ili i-- i r-i lii r
(|(i| i i(i| i -(- iil+ i r- -(n r + ( r-i
l| i| (n -i i ii(| - i| i lii| lii n - i : - (-i r|
i n n- i s r| l(ni n i l n-ri r-ii ii
r-ii -nini ri ni r+
ii | cr i (i i- l- za l-l-
-|i i i i (i cs i iin| (i i- -
-n r r-i| il li | li~| in r | nin
:-in r i n |l ni i - ni l(iin r l i(i : i n (ir
l n + (ir n |l n n- i i + n |l n n-i i ni
i l+ -ni li i (ri i l ni iin i s
ini (ir l -nii i li si ri :ni l- ni
ni r| ii r i| l-ni l r| l-ni+ ( ( in r r -ni
r i ni - - n ii i i i( i ri ii i - - r l
ri ii
n :i i | (in r (ni l i(i i -i
r- ri lni r| n| r(| i (i r+
r- i liin ( ni ii| i ii i -i i
i ( r- i i (n+ l l r( (ii ii ssr - nrn
rii i- l i lii l( i l i r -i (i ( -ii
ii l l((i li ii r( i li+ r( ssaa
i i (i(i cr i - (|(i| i i (i| i| ( (ili - -
r (| l(i+ ii( s ini i ri r nni ri l sss - cr
i - (rn r rin+ i i i r r| r r ni (i
-i - ii l - (nii irn| r l r ( i -i - r| ii+ i l cr
i ln i ni - ( - i r i in r + (ri a ii i ni i
- ii i i i ii ini - r cr i (-+ i ii ii
(i(i ri n|n| ri i ii ri + r (in - r|
r r| r l ln - i i ln ini - r i (-i+
ii -ri ( :| - (i si ni ii+ (i i (i(
zs i: i l(i ni+ i -( /a ii+ i (i si ni
ii l ln (i( i ln ini i -i(i (-i r i| i i
(i( r+
"A total of 10,29,517 claim cases were filed and the Office of
the Welfare Commissioner, after adjudication, awarded compensa-
tion in 5,74,376 cases."
r/s/c i ni (i( (i i n + ri ni r l - (rn (i
(i( r n ri + l lr ~ii i- ( l- iii (i
ii (i(i | i r/s/c r+ i (ni: l l cr i
i i+ : (i( -n i (i ri ( - si ni l|
ri zrzr ri | (i l-n -ni i l-|+ s ini i i ri
i l-i s ini i ( ri i l-i il cr i -
i i (i-n` i i: ( ni r| r l l i i| n+ - (
(i( | (in n|+ (ri ni i i li i li l (
(i(i -i ||- i i i ii ((ii r -i-i i - ii
lii - : lii lii i ni -|.(|. i- i n
ni (n-i i -li i -r (ii+ (n-i i |i-
n li l i -n r r- r ( ii i ( n -i: lni r
l- i r+ i -i-| l(~ r r ili (n+ i ri
li li+ ii -ri( -n ii (nin r (i ri ri r l l
(i - i r - r ri l r/s/c (i( ( i i | (i
- nii il (i i iin r i|
ii l |i- (i r | lili i r i i n li `
i |i- | lili | (i i /a - li| r lr -
in| r "Compensation to the following categories of
claims of victims and the families may be enhanced as under: Death
- 5,295; permanent disability - 3,199; cancer cases about 2,000;
total renal failure about 1,000; temporary disability - 33,672."
- : i i ii r i rcc (ni r+ - nr -| | si
irn| r l i |i- - i+ (i iin - i rn r l
iii n i(| iii n i(|
9 10
n iil(n i ni r/s/c (i( ( i i n i ( ii |i - ( -ni
r ni (r rcc ini l (-ii ni r+ n i r ili rcc
ini l ( r r ni l (r ili r/s/c ini - (-n| l i
(r| ri rini l l| i ri i l-ni l| i (i ri i
l-ni i l| i n| ri i l-ni+ i rzsr l- -i
r l r sz in -n r+ r ( l- -ii r+ i rn
l r- i i ni ii i li r + i rzsr i n r ( n n - n l
i n zs l(i - - n i in -n-n i l( - (
n ( l( ( n ii ( n l | n ii - l n
r iil(n l(i ii+ i i r -n ini | i| - r| -in`
- i iii i ii r ri ri ri r ri i| zz ri - r
i ni (i( i i l rsz i ni i ri - n ii+ - i si
irn| r l i zr (i (i( ( i(ii n r n |i -
(ii r i (i : -i- i ii r r ni - - r/s/c n-i-
ini l i(ii i i- l (i( (i i n r+ i (
ii ( | (in r (r - - rzsr -i rsz ini |
(in lr ( l- -n ii r+ r -n l l l(
i -i ii i c -r| (in i -i ii i i (i( i -i ii+
n - - i ii ii i n i(| r ni i l (-ii r
-| -in r+ ii | ( - (in i ri irn| r+ iin i
r i | n ( r| r+ |i- - i lii ni r l r-
-i iin i | n ( r| r+ - si irn| r l i
iin i i nin| r` - si irn| r i iin i i nin|
r` i iin i ri n r r ri i -ni r` iin
i i i iin (inii i i r+ iin i i i : l
- i i r+ :l - i - ii irn| r l iin| -
i iin| r| -i(i i i ln| -i r ri i i r` rii
ni r ilr l r i r- r li i + l i r
r| r r i r (i s- ( r r i r r r r l r i
r- ii (n+ l r iii ii ri r` r iii
iin| ni i r iin ini i r+ i llni i i r|
n r i (ii| r i ii| r i ii n lr i
cr i - (| l(i i (i| inni i i ir r r
l i r| i ir r r+
ii -ri ( - ii (nii irn| r l ri i l-iln
r` nr -| i i| r -i- rini+ r i r -|i - n~
i -li - i-i i-| l- i l- ri+ - i (i(
- (i in - i| s in -+ -|| ii l(l-i -il-
i (i ri l sa ri i -i( l n i
(|l il : r-ii i(i ii( ri r+ : ini i ni (n
r| r- i i(i i| lin n+ sa ri i l l(l-i
-i l- | n i(ii r | -|i | | i i cr
i ... i rn l r- r ` - ii i-ni (nin| r l
` n |l n n-i i -ni n (i( i| i: r| si |
r+ ri i:- --- - i ii r i l i ii
i- - ri r+ (r i(i r+ ri ni n si r-i
ri iii | r rin ri n: r-i iii -i| i( ii
(ni n + : -| i -( li -|- - | i i| r|i ri ni
r (ri -(( i( ni r r- n ni r+ (ri i| r| i
ni r + (ri i i| r|i r l i : r| | ni r + i| r|
ri ii ii | -| l(| (( ri n: r+
ii -ri( - nr -| | i (nii irn| r l sa ri i
i i -(-i ii r - ii r (nii r l r-i -l--
i - l | ( ln l | | i| ili i i-i
( ( ri i : l sa ri i i - i(i l-i ilr+
i| i- i r| i + :l sa ri i i - i(i
-i nn r i r-i ri r ri i n - n iii ii i n ii ri n
ini | l(lni ((i( ri n: i r- ri cr i - si ( + r
-(-i (ri ri r+ i -( li-|- - i| r|i r+
ii -ri ( ( :ni r| r| r r-i| n|| || ilr ri r|
r+ - i | l-n i r+ r-i| ini i. lii
(ii r lii r i | l-n ii i | r li i|i r
n i(| i ( i n|| || inn r| | n (i| l|+ r ( (i
i (i r+ l- lii l(| ii| l(i| .. ii i i l(i
z l(-( ss i l i(i : l| n | - - ii ii+ (
(i(i (nii l ( | (ii lli ii( ri n: r+ l
(|-i| -ni - :i i i: :ni- r| r+ l(n| i -in
(| n r : ( i - (: -ni - in| ii ni r ri
( ii i --|-- l(i ni r+ :- ( ii i --|--
l(i ni r l i -i( | ( zr ri | ili (|
r+ cr i - -i zr ri : ( i l( n l :i
( ii i ri r+ :l - i ri irn| r l r-i|
iii n i(| iii n i(|
11 12
n|| || (i inn r| r+ ( (i ( | (ii l| ii( ri n:
i -( li-|- - i| r|i ri ni r+ i i:- ---
i- - i r - i i-| (l i l(l-i -il- i n
(n r -l -| i l i|( li r (i+ l-
rii ri i i - i(i i l i (i i| (i i
n |lni i -i( | ili i| (|l+ ii -ri( ( - :
i ( i(ii r in| r + i | i: (i nr | i|
-i( i (| ( | i| l (ii| ini i ( l(i i+ |(|i:
i ii|- i: | - ri li- (i l i(i:
iii i - r+ ii|- i: (i( i:i - :i
ri i- ii+ (i iin i i iii i| n+ ii- i r
lnni i| li ni l lnni ( i- (i( lri li
ni+ r ( lri r| r| li ni (l~ (l- liili ii
i| l(-i - (-i l(~| ii ni i l l(~| - li (i
i l(i ni+
ii -ri( - i -i- : si irn| r l r i-
l l( i li ni ii` i ( i :i (i( -i n ri r l r i-
l l( i li ni ii` ( -i r i n | ii ii- | |
i n-i| - ( i - - | | i| -i r + :l - ri irn|
r l ri(i (r ii r| i i- ni ri(i r r l ( i r + - si
irn| r l r li l l( i li ni ii` |i - ((| (i
ri l n-i| ii-| | i | i( i (i(
l-|+ : - i (iii lr( i(i li+ - i lr( i(i
| (i n r+ - i zc zaa i i(i r lri r ri (
i r (i i l n-i| ii - | | i i (i( i( l-|
i|+ lr( i(i - lii r
"As our front page story notes, the Group of Minister's conclu-
sion that "contemporary media reports also indicate that the Prime
Minister was briefed on the matter after Mr. Anderson left the
country" is factually incorrect.
Assuming that G.K. Reddy's reports in The Hindu (especially
the front page story of December 8, 1984) are part of the contem-
porary media reports:" referred to by the GoM, its conclusion is
either a careless misreading of the reports, or, more likely, a clumsy
attempt at a cover-up."
lr( i(i r ri r l i i (in r r r i ni i |
li- i i(n r| i r| i i : ( |
|iin| | ilii r+ (r li- ri l( (i(ii li| s
l(-( ss | (r li- i |.. z| lr( - (| i| li- i
ri i n zc lii i(i - (i(ii si l(i+ -
(nin| r - |.. z| lii ii
"The American Charge d'Affairs, Mr. Gordon Creeb called on
the Foreign Secretary Mr. M.K. Rasgotra, to voice the US
Government's concern over Mr. Anderson's arrest despite the as-
surances of safe passage given by the Government of India." :
li - i i - ( (ii ` - l i | ni --|( i
| -.. nii i : (in | liin | i| l iin i rii
r i(i l( i (i( l i ( l(i ini
iii - lnni i li ni` :l n(-- l rn r` (ni:
iiii-| |+ ii -| i i r i| ii ni r+
ii -i - i -| i (| i -i - i -| (|
(|.iiii-|) ii -ri( -r(i| l+
ii -ri( iiii-| | - r r r| r l |.i.-.
-| -|li li- i r| l li ii+ r n r`
ii -ri ( zc i r | -|li li - r + iiii-| | zc
i r | -|li li- i l n r | i- n r |.i.
-. rni r l n - n-i| ii -| i ni rini ni -
- -|li li - ni ni+ -- | -|li li - i| r rn| r l
- ii -| i (i( - i( (| n:+ :l --| -|li li-
li lr( r i| ri l i r-i| li- i i(n nn
i r i |ii n| r r i ri zc zaa i | s l(-(
ss | i( si|+ - (r i r| r i - s l(-( i
lii ni ii+
ii | i iiii i n rn r l i ini l(i
ni+ - ri irn| r l r ini: i -i-i r| r (l~ l((i: i
-i-i r i iir| l((i: i l : iiii : (i - |.(|.i: .
| i i | i| lr nni r + - ri n r - | | si irn|
r l in in (i(| ii ii| i ri( | -i- - |.(|.i: .
i nr -| i - i i i- n| r l r ri
ini r-i i (i ini i i- r i n| r+
ii | - i: n r| r r| r+ i| i rn r l
ii(| -ii l(- ii l i zs ../ i z .. rc l-|+
iii n i(| iii n i(|
13 14
i |s i (i ii l- rliii i -i(i ii+
ii | - n: l(iin r| n|+ - l(i | |-i
in| r+ l(i | lli - r (in n|+ r- |.(|.i:.
iln (in n i -in| r: r+ r- i (iri n(
(n+ - ( ni r| r l n l i nr
-| i i - in r i (| n i i inin r i
raaa ini i r-ii r+
i (| ni - r i irn| r l n l- l
i - rliii i -i(i i|i l-ni r i -ii i l(- r
| -i n i ni |.(|.i: . :n| iil-ni ( n| r l l(
l n -- | ni-| ri ni -|.(|. (in| r l (|
n l z/ -i ssz i (i - l zz i: zaas i (i -
l l i n |.(|.i:. (i-i i ni-| r| i | r+
: l - : l(i i i: r+ - (- iln (i r| r+ - ni
r| r+ r-i i i (iri r+ ( (iri r- (n ( |.
(|.i:. | ii| i n ni r- ( (iri (n+
i r| -ii - si r l (ii| i (( l
|(|i: | (| r+ - si irn| r l i n | i i l lni
:ni -i r i r` (ii | i i ini (i (ii | i
ini (i i (i( - ri l r- i i r| n+
i (i( - ri l r- i i- - i r| n :l
i r| ni i (( (i l(i+ - ii (nii irn| r
l (r i-i (i ss | r+ i (i l r| (i -
in-| -: zaas - ii ni+ n( | | i i|+ r - i( r|
r r| r+ nr -| | r (i( i| :| ( - l(i ni+ :| ( -
i (i( l(i i - ii (ni r| r+ i r l-
si ni ii r zs i: i r zs i: i --i|i i (i
(i( l(i ni+ (i( - ri ri
"In May 2003, it was decided to forward the request for the
extradition of Warren Anderson on the basis of the available evi-
dence." -: zaas - (i i --i|i i l(-- - ii
ni+ (i( (i zaa - r- n+ n( i n |(|i:
-i l i li` - r si irn| r+ r ( (i
i -i-i r| r+ r (ini (rn ((i:i i| r| r r|
r| r+ - l -nin i l li...
(i sss l -nin i l - li ii -nin i i| n
|ln n-i in| (|+ ri ri l r- :i -(|i r| n+
ri ri l r-i :- i r| l-i r ii+ r i r|
l-i l s iii|ii i i l- ni+ -ni n i i
i (i i : - i i - i l-- - l l- l- n|
i|+ i : iini i i (in(in i ii i| l- n|
i|+ (rn ini i (rn s l- ni ii n -n n ni ( n |l n
-n n i + l i ni ( -nin i in| (| ni (i ss - r
iii i l-i+ (i ss - i i l-- (-i
r i| i ini i i --| i ( ii l - - ( -i i ii
ri ri l i (|(i| -i-i -(i i r i r- r| i-- n
l i ll- i |l r- (i (| r i r- i-- n i
r- ir n l i n i (i| - (-i ii iri ni i n r +
i | i i: - ii ii irn| r+
"The contention that the Court had no jurisdiction to quash the
criminal proceedings in exercise of power under Article 142 (1) is
rejected. But, in the particular facts and circumstances, it is held
that the quashing of the criminal proceedings was not justified. The
criminal proceedings are, accordingly directed to be proceeded with."
r iii i l-i+ ( ii r i ri i(i| -(- ((ii i+
i| (ini - r i(i| -(- (il i ri n+...
( i i(i| -(- i r in ii r+ ri ri r- l((i|
i: -|i | i- - r r iin| i-i - - - i(i|
- (- |n n + l (i( ssc - l ii ii r i l ( (i:
r : + i - (- i: || | iii sa (z) | r i l- ( i
| i i i(ii ii r |- i- l-- r-(| sa (z)
i-i sa () - l( l- ( (i i | i i i(ii ii+
ri i ri - (nii irn| r+
It says:
"It is held that on the material laid by the prosecution, appropri-
ate charges which are required to be framed against the accused
concerned are under Section 304 (A) of the IPC. In the result of
the appeals filed by the accused, charges framed against them un-
der Section 304 Part II are quashed and set aside."
l-- r-(| i (|-i| | i: in -l--li l-|+ (
i | i i i(ii (i| iii r-i (i i | i i(ii
- (( (| n:+ r (i iiii ii (| ((i: i|+ - i ri
iii n i(| iii n i(|
15 16
l r (i-ni :n| -(| r l :- ll i i ii r (r -
ii (ni r| n|+ l i i| i-- r| ri+
in i rn r l ||- (i i | i (|+ (( i(ii
lii "Justice is blind. After 25 years, only two years' punish-
ment."
||- i ni` rii (i i+ : | |( l--
r-(| | l( i (| i| l l( (r iii (( (i i | i
i(ii - (| n: i|+ ||- (i i i(i | i r| ( ni
ii+ lin- i i (|+ l (i( i ri+ |i -
ri (i |i- - (i - (i+ ri :ri n li l r-
l-( l-|i i n + - ( i i n li l r- ll--- i -
iii - l-|i in+ l -n (i r l - (i i (
ll--- i- iii - i-| ( n: ni |(|i: ri l ii i:
i r| r| r - (i i i-| ( r| r| n|+ -n (i r l
| l-l-- ii -| | i l~| li| r l- ri ri r l
n r- i-| ( i n ni |(|i: i i i ri ni+ |(|i: rii
-(n r| rin+ r- (ii l- n |lni | i: n+ ( n r
r| r l |(|i: (ilii i i r| l((ii irn| n( n -
(i i i i-| ( i -i r| r+ - nr -| | si
irn| r l | l-l-- ii -| | i lii r i ri r l
r- i-| ( (|l l |(|i: : i i r| r i i
i -i r| r` n - (i i (ri i-| (n| ni -(n
rini+ - r r| r l ri -ni( iln ri r- sss i -nini
l - l- s nrn ii irn| i|+ - nr -| | ri
irn| r l i |i - l-( l-|i i i n li r+ n
( (r -ni( iln n| ni ii ((n| ri ni i rii -( n
rin l iin| ( ii l- -nin i l-n l(i
l -ni n n |l ni ii ii ii li+ i i r i| r i r|`
|- i - li i i ri l(i iln l-n li ni+ r
i i| r| r r i- i i- --- r i i- i i-
-- - i i (i l(i ni+ i i -i n r ` n r -ni(
( iln n| ni l-( -|i i ( l-ni+ |- i-
iii|i r n l iin| ( i -i i lnlli-( n| r
: l- l(i ni r- : i (i i`
ii | : ii i r i (rn (i r+ (r r r l
: -| - i i| za ri -|l- - i (i ri r+
i l(ii li i - li i r (i i
(i ri r+ -| (i rn r l : |n- ii+ |n- :(i
i ii i :l-- --- r+ (ri : i - (i+
(ri i ii i -n( r l i ri( | |( ii+ -
si irn| r l ( -i:| iin -li in| i| i (
r i ii i ( ( - i - |n- ii i ni r ni r i
( ( - i - - li (il i r| i i i ni` ri ( ( s
:l- r+ r-i ri ( i r| r+ ri riiri
iiiiii -|l- - i ii li ini r+ r-i ri n iii i
i i| l(ii r i l(ii ni ni i iii i-
ini+ : ii l r- : (il -li ii ilr+
- li ( n| r l |i - i lili | r lilii
r ni r l (n-i i | i--i in r| r+ |- i-
- r ri l li - i (i i | i l-| (r ( |- i -
- i - (i ni ni |- i- - iii|i ri l ( i
i zr (i nii irn r+ zr (i (i( ni r i ri r+ ( r i
ri: i- - nn i a i ri nn+ nni r l |- i- | i|
i--i in r| r+ - irn| r i : ( -in n| r rii i
(- iii n| r l ii ri i|ln ( | |-ii i iin
r i r -ni( iln l (i sss i -nini li i i
i -ni ni li i + l -ni n -i- n |l ni i ln
-i(i l- (ilii i in ( l-+ : i (il -li ii
i +
nr -| | - i ((i-n i irn| r l i -(-i -li
i ii i- - ri r - iin i i-| (+ -
(i i i i| i-| ( ( i riiri ii | -i(
| ili ( i n i r-i| il li | li~| in r n r i r-
-ni l(iin r n r r l(l-i -il- i i- l(ii i
i (ni i i+ l- r rii ri i i i - i(i
i - li i: + (i lii i i n ( l(i: i ri
i | |( li+ (rn(rn i(i(+

iii n i(| iii n i(|

17 18
+tma n |nn +ttas a ant
a-t |et t: os:an +t ets t
J h d Sy k' k t ks' kh
-i| iiln -ri( - iii n i(|
i -i ii| ri r i - i- ( i-i
il-n r: r+
iiln -ri( l -| r iiii
nii ni ii. (r -| i | i- i|
in| i| l (i( -i - i | r i
n| i|+ (i( - ( -i-- i (i ni il-
i ii| si l(i ni ii+ -| i : i| iiii ni i |
-ln r| (| i| ilr i| i l (r (-n| ni r i -ii ii+ l
: ( (i( ( i (ri iiii ni | -ln (|+ i i
-i - ii l - -i: | lrn : iiiin ii i i n l i
(ii r+ (i ss - (i | i-i i-| i| i| ( n i li( ri
i s -( -i n i+ - i : i i r| l(i l
( | i-i i-| r il( - : i i-i i- n| r :l |
i : ( -ii | i + i i| (nii ni l - i -|- i-i
| i i| i|+ -|- l-|inn (i( - r li - (| l |
i : ii (in r| r r iiii (in r i :- s | i(ni
r| r+ :l i: i| i(ir| l i(i: r| | r| i
i i: ((i( ii+ : lii--( r i-i i-| i|+
( r i-i i-| ni :- rii i n i i -i n i i| i i-i
- r i ( i-ni - + r ni|i i i-i (i l( (i( -
-( :i - ni ii+ l ini | iii - ri r| i| ( ii
l iin n ni | i r| -- ri n: i (i l(i n
i( ii r+ :| i ni i i i l(l~i
i( i| (i n| l(i n (ri r (i( r| i(i i r-ii ni+
:n| (| (i-i i- i ii r ii l i nn nr
iii i ni | -ln (| i|+ l - r i(ir| r| i|
- iini in ii i r- in - (( i r- ni i| r|
i l ( -ln (| n:+ ( r- (| -r| (i( (ir i
n( iii |( i| i | i|+ iiln -ri ( : i-i (i( (ri
l ii i n-i i(ir| l ri ni+ ri :|
i i | l i-i i i-| i : l i (-ii ri| ilr` c
ni|i ir | ii: i i- i ri ni+ l i| i i-
i l(i+ c l(-( | in i i i(i i ni l :| i
|(|i: i i (| n: r i (r : i- i n|+ : l | i l-i
n ri n:+ l i(i i(i: r| | il i |(|i: i
i (| n: i|+ |(|i: | i - i- l(- i (ii i
i| i i| -in si l(i ni+ rii i n -i n r |(|i:
i -i- ii ln : (i(( r -in si l(i ni+ l(i
i| ii i - i + r l i -i - ii+ l i -in
si l(i ni+ - |(|i: s r| ri+ ( |(|i: l
ii| si ni l :r i sii ni r ni ri ri l r- i|
iilni | (i( r| sii r+ l i (nii ni i-
i (nii ni i i| i (ir r| (in si l(i ni+
i ni n-- ri - r| -in ( si l(i ni+
-ri ( (i- i| ri (i( ( i| (i- i ni-| r| li ni+
i| i| (ri | l (i- ni-| ri i i-ni ( i r| r + lii
ii ( r+ i i- - i li ii r+ ( r i-i i-|
n-i (i( --| i rilni i lnni i
i(i l(i+ - (i l l i(i: n-- ri - i
lnni r n:+ -- | i(i: r| r| i| l -- |
i (i l(i i ni l i: i(ir| r| | i si l(i i
i lii| ii| l(-i l(~| ri (+ : (i( (ri
- i | ii l(~| (ii l(i ni i lii
i: i(i: r| | n:+
iiln | -ii i i i r ri : i-i i-
(i( i| i(l (i i r l r- l i(i: i( l
i l-i ii+ ( ii l (in i (n ilr` ri : (in i
-(|i li r+ iiln | -i r ii i| r l - | in
i l i(i: i( l i li r+ i : ii
sii ni r+ : -ii r+ |.(|.i:. l-i i i| (ii r l
r r i l l- i i ii r r (i -i- r+

iii n i(| iii n i(|

19 20
Uni on Car bi de was t he i l l egi t i mat e gi f t
of Emer gency : Ravi Shanker Pr asad
BJP National General
Secretary Shri Ravi
Shanker Prasad MP
participated in the
debate on Bhopal Gas
Tragedy in Rajya Sabha
on August 11, 2010.
Full text of his speech:
Mr. Deputy Chairman, Sir, I am extremely thankful that you
have given me the opportunity to speak on an issue of such
importance. It is now 26 years that the worst industrial disaster
took place in Bhopal. Nearly, 20,000 people died. We can only say
that, today, justice and accountability has been the real casualty.
We are proud to be a democracy governed by rule of law, but it is
a matter of shame that we have not been able to give justice to
them nor substantial satisfactory rehabilitation. If the hon. Minister
of State is here to listen to me, the first question I would like to
know when I go forward, is: what is the exact number of dead?
We understand that the registered dead are 15,274. But the NGOs
have publicly stated that the real number of dead is 22,146. After
how many years we are discussing Bhopal in Parliament, we also
need to introspect. When I say so, I must salute the NGOs working
in Bhopal with the victims who have really fought for them in a
very powerful and committed manner, and they need our
appreciation.
Sir, I was trying to go through the records, and, to my dismay,
I learnt that this MIC plant, the lethal gas, was the illegitimate gift
of Emergency days. The Union Carbide had applied for licence in
the year 1970. All the officials were opposed to it because the
technology was obsolete. It was sought to be really foisted on India.
They opposed for five years and knowing the whole, the Emergency
came on 26th June, 1975 and they were given the licence on 31st
October, 1975. Sir, the District Judge had noted that in spite of
repeated requests, no proof was given for the safety standard in
Bhopal, for the same standard as in the US companies of Union
Carbide. Sir, there were warnings. In the year 1981, one worker,
Mohd. Ashraf, had died. There was also an accident in January,
1982 in which 25 workers had suffered serious injury because of
leakage of gas. Mr. Rajkumar Keswani, an eminent journalist, had
written many articles in Jansatta. There were stark warnings, yet
no action was taken. Sir, thereafter, disaster struck on 2nd and 3rd
of December, 1984. We all know it. I come straightway to 7th of
December, 1984 when a shameful incident happened.
Warren Anderson, the Chairman of Union Carbide, came to
Bhopal and was arrested. Mr. Arjun Singh was the Chief Minister;
he is a Member of this House. I have a copy of the statement
issued by him which says that the Government is committed to
apprehend the real guilty and they are the guilty and the
Government will leave no stone unturned to fight on behalf of the
people who have been the victims. Brave word indeed! And,
thereafter what happened? Mr. Anderson was escorted by the
DM and SP to the airport and was allowed to fly in a Government
plane to Delhi and then to US. I have seen Mr. Anderson statement
on television. Bail or no bail, house arrest or no arrest; I am going
to go. Mr. M.K. Rasgotra, the then Foreign Secretary, has
confirmed publicly that he met me, he met the Home Minister, he
met the then President. Once this happened, I see another statement
from the Government of Madhya Pradesh. I have also got a copy
of that statement. He was not required for investigation. What a
surprise? About 20,000 people died, the Chairman is coming and in
the space of three hours, the CM is changing his stand. We hear
the Deputy Chief Commissioner, Mr. Grieve, saying that there was
an agreement. Hon. Home Minister, I have got a copy of the
Pittsburgh Press of the USA. Mr. Chidambaram, you can kindly
have a look at it. I am really showing it; yes, with the permission of
Rajya Sabha
iii n i(| iii n i(|
21 22
the Chair. I am reading one line from this newspaper. A company
statement, issued at its headquarter in Danbury, Connecticut, said
the arrest violated an Indian Government promise to provide
Anderson with safe passage. This is the statement of 7th December,
1984 issued by Pittsburgh Press. Therefore, today, Sir, at least,
now we would like to know in the Parliament as to who allowed
Anderson to escape. It is a sensitive issue. Obviously, the pressure
was there from some very top level. At least, we need clarity. Mr.
Deputy Chairman, Sir, with your very wide experience, you are
aware that if the nation cannot uphold the law, it cannot preserve
the order and when Anderson was allowed to escape, the authority
of the State surrendered before the accountability and the
responsibility of the State.
Sir, there is an Act of 1985; I do not want to go into that. But I
would certainly say one thing today. Why is it that when any accused
is fair-skinned, the Government is not able to take a tough stand, be
it Warren Anderson or Quattrochi? Here I would not say anything
beyond that except that the might of law is there to bail them out
repeatedly. That is what our experience has shown. Sir, I now
come to the third issue, that of the flawed prosecution. As I said,
the Government took upon itself the act. The Government filed a
case in the District Court of New York. I would like to say this with
a great degree of humility.
The hon. Home Minister has been a very eminent lawyer; the
Leader of the Opposition, Shri Arun Jaitley, is a very eminent lawyer;
my good friend, Mr. Ashwani Kumar, is a very eminent lawyer,
and I am a small lawyer. What troubled me more is this. I have got
with me a copy of the plaint which Government of India filed in
New York and there they castigated the Indian judicial system and
they said that Indian lawyers were not competent. I would like to
read it because that is very, very important and, indeed, I regret to
say, in a foreign court. I am reading, Sir, from the order of the
court; Rejected. Plaintiff: Government of India. Plaintiffs contend
that the Indian legal system lacks the wherewithal to be allowed to
deal effectively and expeditiously with issues raised in this lawsuit.
Plaintiffs urge that Indian practitioners emphasized oral skill rather
than written briefs. They lack specialization, practical investigating
techniques and qualities of partnership. What was the need to
condemn Indian lawyers before the foreign courts in a plaint which
you subsequently lost? Thereafter, they filed a suit at the District
Court, Bhopal. Here I would like to highlight, with a great degree
of pain, the shameful manner in which the entire proceedings were
conducted. I have got a copy of the plaint. They said, 2660 people
were killed and a claim was made of Rs.3900 crores; three billion
dollars. The matter travels to the Supreme Court. I have got a
copy of the Supreme Court judgement. There, the Attorney General
of India says that we are willing to negotiate for a compromise for
500 million dollars.
How is it that 20,000 people die and when you make a claim
for Rs.3900 crores, you negotiate a compromise through the Attorney
General for merely 500 million dollars? And what the court gave
was only 470 million dollars, that is, abound Rs.700 crores. The
worst, Government of India agreed to quash all the criminal and
civil prosecutions. I do not want to say who was in power when
this order was passed; the world knows it. When the Opposition
comes to power, Sir, the matter is reopened. The Supreme Court
realizes its mistake and allows the prosecution to continue criminal
case, but the civil liability case was not reopened. Thereafter, comes
the judgement of Supreme Court of the year 1996. Sir, I am lawyer
too and I have the highest regard for the Supreme Court. The
Supreme Court has done great work in the field of human rights,
upholding the Fundamental Rights and for the growth of our
democracy. But the way in which the Supreme Court in 1996
quashed the charge of 304 (part 2), punishable for ten years through
simple criminal negligence, I would say, Sir, is deeply regrettable.
The hon. Supreme Court handled the massacre of 20,000
innocent Indians,described by Justice Krishna Iyer as the
assassination, as if it were a simple truck accident. What is further
regrettable is, the then Chief Justice, Justice Ahmadi was a part of
this Bench; there was an earlier order for construction of a hospital.
He was further a part of a Bench which released the property
confiscated by a Bhopal court. And he then passes an order
thereafter I am happy Mr. Arjun Singh is here; he would, at
least clarify something and after his retirement, he becomes the
life Chairman and trustee of that hospital. Sir, I have the highest
regard, but this conduct of Justice Ahmadi, I must say with full
iii n i(| iii n i(|
23 24
sense of responsibility in this House, cannot be appreciated.
Sir, he was Chief Justice of India; I have to take his name. Sir,
you know it better. To quote the former Chief Justice of India, J.S.
Verma, his comment was, His reasoning cannot be supported;
and Justice Sawant, publicly stated, This taking over of the life
chairmanship of that hospital certainly did not do any good to the
image of judiciary. Those public comments by two eminent jurists
have come to us.
Now, Sir, I come to the trial part. The trial commenced at
Bhopal CJM Court. Apart from other witnesses, I would only name
three crucial witnesses and those witnesses are T.R. Chauhan,
who was the MIC Plant Operator, Mr. Kamal Parekh, Safety
Officer and Umesh Nanda, who all confirmed that there was no
safety standard. They all have said that an attempt was being made
to dismantle this plant and take it to Indonesia.
Here, I would ask a question from CBI. Under a law if evidence
has come of culpable homicide under Section 216 of the Cr.P.C.,
charge can be amended. When the evidence has come on record
that the entire safety management was poor and deliberately steps
were not taken, why didnt the CBI move the court for alteration
of charge under Section 304A? Will the CBI be active only in the
case of some politicians in Gujarat? There was a case of 20,000
innocent people losing their lives and no action was taken. We
know of the double standards of CBI. In case of National Highways
scam, officers had been arrested, but charge sheet was not filed
because the investigation was going to senior people. We know of
cases that the entire course of investigation is changed only because
the political equation keeps on changing. But, at least, in this case
when the CBI was handling a case of massacre of 20,000 people,
we expected the CBI to be fair and reasonable. I regret to say that
in spite of voluminous evidence on record in the last four or five
years particularly against the Safety Officers of the Union Carbide
and others, no action was taken. This is deeply regrettable, I would
like to say very clearly and categorically. Sir, I got the judgment of
the District Court and I would like to read this paragraph 192. It is
very important and is a part of the court record. I quote, In the
present case, there is a chain of circumstances supported by expert
witness and the evidence of the employees of the UCIL that prove
the negligent conduct of all the accused persons, who were working
in different capacity at the relevant point of time and were able to
avoid such type of incident by proper care and caution. However,
they did not take any action and there is clear-cut omission on their
part. They are also having good knowledge that if the shortcomings
in the instruments are not rectified, such incident could happen at
any time. Knowing all the things, they omitted to do what they
were entrusted to do. If this is the finding of the court, then 304
Part II of the IPC is really made out. It was not made. It is a clear
case of failure of CBI, and really the double standard of CBI is so
evident in this about the casual and indifferent way in which they
have dealt with the whole matter. Sir, I have to just make three or
four quick points and questions to be asked from the hon. Minister.
Hon. Home Minister, your GoM has come with a package of
Rs.1500 crore. I understand that your Government is having a very
good relationship with the USA. Recently, there was a case of BP
Leak in the Gulf of Mexico. President Obama told the BP people
come and pay, otherwise stop doing business there, and they paid
20 billion dollars for compensation and cleaning. How many people
died? Just 11 people. Hon. Minister, here 20,000 people died, and if
I believe the NGOs,22,000 plus people died. So many people became
disabled. Even now we have studies that mothers breasts are having
lead and mercury for children. Therefore, the entire generations
are going to be affected. Is your Government going to show the
same degree of strength and courage of conviction in asking those
people to pay, be accountable and be responsible. Sir, it is equally
important for President Obama and the USA to understand that if
the lives of 11 Americans is important, then the lives of 22,000
Indians is equally important. There has to be this clarity which I
would like to emphasise with complete authority at my command.
You have promised extradition of Anderson. It was only the Indian
Government in May 2003 which sent the extradition request which
was turned down in June 2004. Now when so many evidences
have come, is the Government going to make a sincere effort?
About two months ago, I was in the USA. I had an occasion to
meet Mr. Frank Pallon, the House of Representatives Member
from New York adjoining State New Jersey. He is a pro-India
Leader. I saw his statement signed by many other Members of
iii n i(| iii n i(|
25 26
Congress that the USA should not stand on prestige and Warren
Anderson needs to be deported.
Is your Government going to take tough actions in that regard?
This is the second question that I would like to ask. The third is:
you have filed a curative petition. But, the name of Warren Anderson
does not figure in the whole controversy in that petition at all also,
which ought to have been mentioned in fairness to demonstrate the
enormity of the suffering of the people. I would like to highlight
this. I know it can be cryptic, but Mr. Chidambaram will very well
know how he makes his case and how the cases are presented.
Lastly, I would like to know from the Minister what is the
exact number of people who are dead, what is the exact number of
people who are disabled, what is the exact number of people who
are handicapped and what is the exact number of children who are
suffering. It is very important, Sir. I will just conclude by saying
that the quest for justice is not something which we owe for ourselves
but also for posterity. That is a challenge which we need to face.

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29 30
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-ri( zc i (i( i r- l : (r r r+ (r i|
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ili-- - - i li Bhopal Gas Leak Disaster Act,
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direct involvement r| (ni ni Anderson i involvement r|
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i i| -i - ii l i i iiii r - | r+ - |
iii n i(| iii n i(|
33 34
(n| r l | ri ( i -i ri n| r i| |i | ii|
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| ri ( i -i ri n| r i r r r l i involvement
r| ri ni` i ii| l| -( i n l :i involvement
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knowing everything about his plant. i -i - ii l r i - i
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iii n i(| iii n i(|

35 36
Ther e have been per si st ent cal l s f or
gr ant i ng bai l t o Mr. Ander son f r om Home
Mi ni st r y offi ci al s i n Del hi , says Ar j un Si ngh
Congress MP and Former Madhya Pradesh Chief
Minister Shri Arjun Singh spoke in Rajya Sabha on
August 11, 2010 on Bhopal Tragedy that took place
during his tenure.
I am very grateful, Mr. Deputy Chairman, for the concession
given to me by the House. It is a matter of great anguish to recount
the events two-and-a-half decades later and the experience that
we have gone through is almost equal to coming out of the jaws of
death. On that fateful night of 3rd December, 1984, as any other
faithful citizen, I was also asleep. Around midnight I felt a very
acrid smell in my nostrils, and I felt suffocated and got up. On
enquiry, I was told that some poisonous gas had leaked from the
Union Carbide and it was spreading. I dont have to inform the
House that the wind does not know any direction nor does it follow
anybodys dictates. Whichever side the wind went, the gas went.
Those of us who are fortunate survived; those of us who are not
fortunate did not survive. Many of us suffered the after-effects of
that gas. It was not a simple tragedy that is being described here
and much less is it amenable to exploitation.
I am thankful to all the hon. Members for the sentiments that
they have expressed for those unfortunate brothers and sisters
who did not survive. I dont want to lay the blame on any side, not
in the hope of a bargain but in the consecrated fellowship which
human beings shared in spite of other barriers. There was panic all
around. People were running with whatever belongings they could
grab on their heads, stumbling along dark streets.
Nobody could prevent them from going away. Children were
the worst sufferers. That is a tragedy beyond description. Sir, I had
the misfortune of looking into those empty eyes which once belonged
to lively children, who were today not seeing anything. A suggestion
came from some people that I should also leave the place; otherwise,
I would also be in danger. I tried to reason with them that the
Office of the Chief Minister does not carry the privilege of escaping
from what the people are suffering. As you know, Sir, in our country,
gossip has a stronger force then reason. These are realities which
we cannot ignore. Therefore, when these kinds of allegations started
being made by a handful of people, the only thing I thought best
was to set up a Commission of Inquiry first against myself. And
that is the genesis of the N.K. Singh Commission. My learned
friend in the opposite, who just spoke, wanted to give the impression
that I created something and then did not obey it. I never abolished
the Commission. You might be aware, at least, statistically, that I
ceased to be the Chief Minister of Madhya Pradesh on 13th March,
1985. My leadership, Shri Rajivji in particular, wanted me to go and
serve in Punjab. I had taken the oath of the Office of the Chief
Minister again, but in obeisance to my leader, the next day I went
to Punjab. I am not trying to escape from anything. I am only
narrating a fact which did come in the way. I wish I remained in
Madhya Pradesh again as the Chief Minister and I would have
seen that the likes of Mr. Anderson, who think that they are the
inheritors of the colonial masters of this country, can strut about
fearlessly after plundering our motherland, I would have taken it to
its logical ends. But even while I was there, the first thing I thought
essential to carry out was his arrest as and when he came If he
had been arrested, most of the debate would have ended. At least,
now, our Government is committed to extradite him and then fix
the responsibility on him. How he is to be extradited, I can hardly
give any opinion. People, who are responsible, know how it is to be
done. I still wish that the first thing that the hon. Prime Minister
would pose to the hon. President of the United States of America,
when he comes here in November, is that we have an unspoken
promise unfulfilled. Then, adequate and full compensation can be
asked for. I just read in the newspapers that President Obama has
already said, Let somebody make a reference to us. Then, we
iii n i(| iii n i(|
37 38
will see. Sir, on that night itself, I contacted the Office of the
Prime Minister in Delhi and informed them of this calamity. Rajivji
was away on tour. I then got in touch with Dr. S. Varadarajan, the
Director-General of the Council of Scientific and Industrial
Research, and informed him of this happening. I then requested
him to send such help that could be of use to us. His reaction was
very forthright. By next morning, his team arrived in Bhopal. By
that time, the panic had slightly subsided and toxic gas became
lesser and lesser deadly. Still, on the first count, it was observed in
the morning that nearly 700 people, including children, had been
killed. The tragic scenes, that I faced, as I went from hospital to
hospital, and then to the affected areas, are indescribable. Houses
were left empty; doors and windows were fluttering in the wind;
no one to protect whatever was left inside. My first duty, as the
Chief Minister, was to see that whatever was left was protected
and the citizens did not suffer with losses. By the afternoon, I got a
message that the Prime Minister, Shri Rajiv Gandhi, was coming to
Bhopal, cutting short his General Election tour. Rajivji arrived at
4.00 p.m. on 4th December. He was in a very grave mood. I briefed
him with all the details in my possession, and in the end, also added
that even though I was not, personally, responsible for that accident,
I was prepared to step down from my office, if he so desired.
Rajivji said, All this is not called for. Nobody is blaming you. So,
why should you do that?
By that time, my well-wishers became active and manufactured
all the stories that we are hearing today. The only thing in Rajivjis
mind was, how we can provide relief and rehabilitation to those
who have been affected. The arrival of Rajivji spread like wildfire
in all parts of the capital and people flocked around him in hope
ultimately, but overwhelmed with despair. In the evening, Rajivji
flew back after telling me that we have to go all out to help the
affected people and he asked me to be in touch with him veryday.
He was to come to Madhya Pradesh on his election tour on the 6th
of December and wanted to know whether he should postpone it
in view of this calamity. I said that he need not do so since the
message might be misinterpreted that we are immobilized as a
Government. I am grateful to him that he accepted my advice. I
hope, Sir, you will pardon me for taking a little time, but sometimes
time itself loses all relevance. Somebody told me that Mr. Warren
Anderson, who was the head of this company, was coming to
Bhopal. I was amazed at the audacity of the person, who was
directly responsible because he was aware of what his factory
was manufacturing and where it kept all the elements that went
into that manufacture - - that he was coming to Bhopal. For what?
He could not be coming for sharing our grief, because that is so
unlikely for a bada sahib! But at that very moment, when I came to
know that he was coming, I made up my mind that as soon as he
lands on the soil of Madhya Pradesh, he should be arrested. I did
not share my decision with anybody. I did call in the officers
concerned and briefed them personally that they have to arrest
Mr. Anderson as soon as he steps down from the plane in the
morning. I also gave them these orders in writing, which is not
done by a Chief Minister, but I did because I knew of the
tremendous pressure that officers are subjected to in such situations
so that they were not bothered about it and the responsibility
was mine.
As soon as Mr. Anderson stepped down from the plane, the
police, the SP, Mr. Puri, escorted him in a car and told him that he
was under custody and they are taking him to his own rest house
for detention. He was so surprised when he was told this. He kept
on asking, Why is the Chief Minister not here to receive me? Just
imagine the kind of arrogance that some of these people have.
When the SP could not stop his chatter, he told him, Well, this is
not a question which I can answer, you better ask it when you
meet the Chief Minister yourself. After Mr. Anderson was safely
escorted to his rest house, it is necessary to say so because apart
from those visitors who had come to the airport on Mr. Andersons
request, the media and some other people, a large number of affected
people whose sons had died, whose daughters had died, mysteriously
did not know by that time what was the cause of the deaths. You
can imagine the feelings of parents, mothers and fathers. They had
assembled outside the gates of the airport. I do not blame them, I
cannot condemn them. But, those are the dictates of office which,
I think, all those who have held office know; it became my
responsibility to see to it that no physical or personal harm came to
him. I carried out that duty also with a heavy heart because I
iii n i(| iii n i(|
39 40
knew, the first opportunity people get to him, they would lynch him
from the nearest lamp post.
Today, 26 years later, it is very comfortable to sit and discuss
these things.But, Sir, I would like to tell you that it pricks my heart.
I then called my Chief Secretary, Mr. Brahma Swaroop, who
unfortunately is no longer alive, and sought his advice as to what
we should do. He said, now that he has arrived and we have
decided to arrest him, we should see that whatever needs to be
done should be done effectively. It has been just suggested by my
colleague opposite that the Union Carbide had taken over the
administration of Madhya Pradesh and I was just a figurehead.
Well, experiences may be that some people tolerating that also,
and clinging on to office. It was not my habit to do that. And the
first proof that he had not taken over the administration was that
he was arrested as soon as he touched down on the ground of
Madhya Pradesh. If he was that powerful, he would have come,
toured the State and the factory that he lorded over, and gone
away. Rajivji was, at that time, in Harda town of Hoshangabad. I
drove straight to that place, met him and told him about the events
of the morning, and also the arrest of Mr. Anderson. Rajivji heard
me out without any comment, and just said, Let us go to the next
meeting. There was not even a flicker of any kind of sympathy
for anyone much less Mr. Anderson. I take the full responsibility
for having arrested Mr. Anderson, and even today, I would feel
proud to suffer any punishment for this act, if it is considered to be
against the interests of the people of Madhya Pradesh.
Sir, being in office certainly brings you some advantages, but
not all the while. The Chief Secretary informed me that there have
been persistent calls for granting bail to Mr. Anderson from Home
Ministry officials in Delhi. I told him, he can do whatever he liked,
but the arrest of Mr. Anderson must be duly recorded so that
subsequently when we want, we can summon him, to arraign him
before the laws of the land. When he was sent back, it is
incongruous, even I realize, and I feel that he should not have gone
back on a State plane.
I do not want to enlarge upon all these things, to add to the
grief and bitterness that this issue has generated, and, I certainly
do not want to shift my blame on anybody. Whatever blame is due
to me, I am still prepared to suffer it as an ordinary citizen. Let me
tell you, Sir, and through you, to the House and the country that the
clamour about my speaking out should now subside. As an ordinary
person, I have said what I had to say. Shri Rajivji never uttered a
single word to me for the next two days when he was there on tour
either in support of Mr. Anderson or trying to mitigate his problem.
To blame him of anything is a figment of the imagination of all
those who can see nothing concrete or constructive coming through
a person of that calibre. I fully endorse the decision of the
Government of India to extradite Mr. Warren Anderson and seek
full and adequate compensation from him for this tragedy. The
recommendations of the GoM are very constructive and useful
and I commend all my colleagues who are on the GoM to further
sympathy with the sufferings of the people of Bhopal.
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