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Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R VOL.9 issue.47 .25/11/2015
PIL - Bhopal Gas Leak
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore 570017 , Karnataka State
.....Petitioner
Versus
Honourable Chief Seceretary , Government of Madhya Pradesh & Others
....Respondents
PETITION UNDER ARTICLE 21 , ARTICLE 14 16 , ARTICLE 21 , seeking Justice , compensation and for issuance of WRIT of
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest
efforts of those few noble persons only at least democracy is surviving in India.
A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They
will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day
would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the
independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal ,
corrupt peoples representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of
churchills men Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally
entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No
Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the
public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial
hangover instead become worse treating general public as their servants.
C . Union carbide plant ( UCIL ) was unsafe and indulged in unsafe work practices , maintenance was inadequate.
D . Even a local journalist through a news publication publicly brought to notice of authorities concerned perils of Bhopal gas plant
, years before the Bhopal gas leak , industrial accident occurred . He forewarned.
E . Inspite of forewarning Madhya Pradesh Industries , Factories Inspectorate departments failed to take adequate steps , allowed
the UCIL plant to run uninterrupted.
F . Inspite of forwarning Madhya Pradesh state pollution control board failed to take adequate steps , allowed the UCIL plant to
run uninterrupted.
G . Madhya Pradesh state government side by side with UCIL management is equally responsible for the Bhopal gas leak case. It
failed to do its statutory duties and to prevent disaster in time.
H . Even after the disaster took place , Madhya Pradesh state government and Government of India instead of legally
prosecuting Mr.Warren Anderson ( Head of UCIL) who was in custody , illegally , brazenly helped him to run away from law.
I . Even after the disaster took place , Madhya Pradesh state government failed to legally arrest and prosecute union carbide top
executives.
J . Union Carbide USA head quarters wanted lucrative Indian market , cheap Indian resources , cheap Indian labor , lax Indian laws
but didnt have the decency to respect Indian laws.

K . Government of India , Government of Madhya Pradesh failed to seek extradition of Mr. Warren Anderson and other top Union
Carbide executives from USA. They failed to get right cost & compensation from US Corporate giant & US government.
L . The government of USA and Supreme Court of USA is practicing double standards , just see the example of BP oil spillage in USA
territory by a UK based corporate giant. The government of USA & Supreme Court of USA extracted huge cost & compensation from
UK based British Petroleum , for American citizens suffering due to the oil spillage. The arrogant Government of USA & Supreme
Court of USA shamelessly perceives lives of Americans precious and others as cheap. Our spineless Indian government ,
supreme court of india bows , kow tows before them.
M . The government of India & Government of Madhya Pradesh who are themselves culprits alongwith UCIL to cover up their own
crimes , to favor US multinational enacted a new law curtailing the legal rights of Bhopal gas victims , Indian citizens.
N . Shamelessly Supreme Court of India , went a step further Then Chief Justice of India Justice Ahmadi & his bench colleagues
diluted the penal charges of prosecution.
O . Till date neither Union Carbide nor DOW who took over the management of Union Carbide has paid right cost &
compensation nor they have cared about the clean up of Bhopal gas disaster site till date even after decades.
P . When Government of USA & Supreme Court of USA does not respect Indian Laws , Indian citizens why should American Citizens ,
American Corporations , American Interests in Indian territory should be protected ?

2. Question(s) of Law:
Are Multi national Corporations & its top executives above law ? Is the acts of our ministers , judges in aiding a criminal , fugitive
to run away from law just , legal ?

3. Grounds:
Requests for equitable justice , legal prosecution of guilty under ARTICLE 21 , ARTICLE 14 16 , ARTICLE 21 , seeking Justice ,
compensation and for issuance of WRIT of MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

4. Averment:
Give what action has been taken against culprits involved in Bhopal gas leak case till date.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : writ of Mandamus and to issue
instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourable supreme court of india to legally prosecute Madhya Pradesh state government industry
department , factories safety & Inspectorate department and MP Pollution Control Board officials for criminal negligence of duties.
(iii) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian
government ministers and officials who helped fugitive Mr. Warren Anderson to run away from Indian law.
(iv) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian
government ministers and officials who failed to seek extradition of Mr. Anderson and other UC top executives from USA.
(v) ) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian
government ministers and officials who failed to extract appropriate compensation , costs from Union Carbide or from DOW or
from counter guarantor Government of USA till date.
(vi) Hereby , I do request the honourable supreme court of india to declare void , annul the Bhopal Gas Victims Act and related
enactments , government orders passed by both Government of India and Government of Madhya Pradesh which curtails the
constitutional rights of Bhopal gas leak victims.
(vii) Hereby , I do request the honourable supreme court of india to legally prosecute former chief justice of india Mr. Ahmadi &
his bench colleagues who diluted the prosecution charges against union carbide and its top executives.
(viii) Hereby , I do request the honourable supreme court of india to order DOW Chemicals to pay the appropriate cost &
compensation towards Bhopal gas leak disaster.
(ix) Hereby , I do request the honourable supreme court of india to order Government of USA , Supreme Court of USA to respect
Indian Law if they want reciprocal respect. To order government of USA & Supreme Court of USA to extradite former top
executives of Union Carbide to India , to ensure appropriate payment of cost , compensation in the said case as government of
USA happens to be a counter guarantor.
(x) To declare President of USA & Chief Justice of USA as criminals for their double standards , for aiding perpetrators of man
slaughter at Bhopal .
(xI) To order for CBI investigation into assets of Mr.Ahmadi , ministers , government officials who helped union carbide & its
executives.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Date : 07th November 2015Filed By : Nagaraja.M.R.


Place : Mysuru India..Petitioner in person

Terrible Bhopal Gas Tragedy Facts: 1- 30


1. Union Carbide Corporation (which has now become a wholly owned subsidiary of Dow Chemical Company since 2001) had set up a
subsidiary pesticide factory in India by the name Union Carbide India Limited (UCIL) in 1969 and 10 years later in 1979, a production
plant was set up in Bhopal, India.
2. The plant used to produce a pesticide known as Sevin. Sevin was actually the brand name used by Union Carbide Corporation for
the chemical named carbaryl.
3. Unlike other manufacturers like Bayer, UCIL manufactured carbaryl by using an intermediate known as methyl isocyanate (MIC),
which was a poisonous gas. Using MIC significantly reduced the production cost of carbaryl as compared to methods that did not use
MIC.
4. The production route deployed by UCIL was:
Methylamine + Phosgene = MIC.
MIC + 1-naphthol = Carbaryl.
5. Prior to the actual tragedy in question, UCIL was involved in other scandalous events. In 1981, phosgene gas splashed on a worked
who removed his safety mask out of pure panic and as a result, inhaled a large amount of the gas. 72 hours later, the worker died
because of phosgene poisoning.
6. In January 1982 another phosgene gas leak exposed 24 workers and they had to be admitted to hospital. Those workers were not
ordered to wear safety masks.
7. In February 1982 there was yet another leak but this time, it was MIC. A total of 18 workers were exposed. The actual fate of
those workers is not known.
8. In August 1982, a chemical engineer contracted 30% body burn after coming in contact with liquid MIC. Later in October same
year, there was another round of MIC leak. In an attempt to stop the leakage, the person responsible for MIC supervision contracted
severe chemical burns and two other workers were also exposed.
9. Following two years in 1983 and 1984 there were multiple leaks of phosgene, chlorine, monomethylamine, carbon tetrachloride
and MIC and even worse, those gases sometimes leaked in combination.
10. The reason for these multiple leaks was that the safety systems had become faulty with several lines and valves left in poor
condition. The lack of maintenance was attributed to the fall in pesticide demand in early 1980s, resulting in poor maintenance but
UCIL continued production and kept piling up unused MIC.
11. Journalist Rajkumar Keswani published a series of 4 articles between 1982 and 1984 with each article attempting to warn people
about the threats of the UCIL plant. The titles of the four articles he wrote in order are:
Please Save This City.
o

Bhopal Sitting On Top Of A Volcano.

If You Dont Understand This, You Will Be Wiped Out.

Bhopal On Brink Of Disaster.

12. By November 1984, the plant was in an extremely poor condition. On top of that, a specific tank named E610 held 42 tons of
MIC, which was way beyond the safety standards.
13. On the night of 2-3 December, 1984, water managed to gush in through a side pipe whose slip-blind plate was missing. The water
headed straight into E610, triggering a runaway reaction. The reaction started growing out of control because of the presence of
contaminants, high temperature and other factors.
14. Worsening the situation was the iron of the non-stainless steel corroding pipelines. The iron was responsible for speeding up the
reaction. The exothermic reaction raised the temperature inside E610 to 200C and above, which in turn increased the pressure
inside E610.
15. As a result, the MIC holding tank went into emergency pressure venting, releasing 40 metric tons of methyl isocyanate gas into
the atmosphere within a time span of 45-60 minutes.
16. The gas cloud that possibly consisted of oxides of nitrogen, carbon dioxide, monomethylamine, hydrogen chloride, carbon
monoxide, hydrogen cyanide and phosgene apart from MIC traveled southeast over Bhopal.

17. After being exposed to the gas people suffered from severe eye irritation, feeling of suffocation, coughing, breathlessness,
burning in respiratory tract, vomiting, stomach pain and blepharospasm (abnormal spasm of eyelids).
18. People with short height and children were more affected compared to those who were taller. Those who ran gasped and inhaled
more of the toxic gas and were more affected compared to those who took a vehicle ride to escape.
19. By next morning, thousands were dead with primary reason for death being pulmonary edema, reflexogenic circulatory collapse
and choking. Autopsies revealed other causes of death as well which included tubular necrosis of kidneys, cerebral edema,
necrotising enteritis (inflammation of small intestine) and fatty degeneration of liver.
20. Later, neonatal mortality rate increased by 200% and stillbirth rate increased by 300%. In an immediate aftermath, the
healthcare system in Bhopal and the affected areas went haywire. 70% of the doctors attending the victims were underqualified and
the hospitals were not equipped with proper knowledge and medicines for treatment of MIC poisoning.
21. Mass cremations and funerals started. Within a matter of few days 2,000 animal carcasses had to be disposed off. Trees in the
nearby areas became barren. Hospitals and temporary dispensaries were treating over 17,000 people.
22. The immediate death toll as per government records was 2,259. 3,787 deaths related to gas release was confirmed by the
Government of Madhya Pradesh.
23. In 2006, an affidavit was released by the government stating that a total of 558,125 injuries were caused by the gas leak and
included 38, 478 temporary partial injuries and 3,900 cases of severe and permanent disability. However, activists claim that nearly
25,000 people died that included immediate and long term casualties.
24. The next generation of children in Bhopal were born with serious conditions like musculoskeletal disorders, twisted limbs and
brain damage.
25. In 1999 a report was released where it was found that mercury levels during gas leak increased by 20,000 to 6 million times
more than expect levels.
26. Madhya Pradesh police arrested the primary accused Warren Anderson but he was released on a bail of $2100.
27. Narains Organization released a report in 2009 where it was stated that the samples collected from the areas surrounding the
leakage site contained 561 times more organochlorine pesticides and chlorinated benzene compounds.
28. The site was left uncleaned till 1998 and a report was generated by activists proving that the underground water was polluted
by toxic chemical waste and more that 20,000 people in the area were affected.
29. Eveready Industries India Limited purchased the UCCs stake in UCIL in 1994 and ended up cleaning the site in 1998.
30. In 1989, the Union Carbide Corporation paid a total compensation of $470 million in an out-of-court settlement but the actual
settlement amount claimed by Government of India was $3.3 billion.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [ Images ] whose role in letting the guilty
in the Bhopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent judgment in the case -- 26
years after the event. On the night of 2/3 December, 1984, when deadly gas leaked from the Union Carbide plant in Bhopal, Arjun
Singh [ Images ] was chief minister of Madhya Pradesh [Images ] and Gandhi was the prime minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on
India to save the US-based Union Carbide, the parent company, from civil and criminal liability.
As a result, at every little step, the law could not provide justice to the over 15,000 who died due to the gas leak. More than five
lakh victims who suffered chronic diseases are struggling and pleading for help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the convicted officials of the Indian arm of Union Carbide to a mere twoyear sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish
Indian justice system and its spineless political establishment.
The entire Bhopal saga was witnessed from close quarters by Rajkumar Keswani, an outstanding journalist, who had in fact
foreseen this catastrophe. His work proves that the tragedy of Bhopal started much before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news):
'Bhopal jwalamukhi ki kagaar par(Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of Bhopal by the Indian and American governments and
multinational corporations. He shares his agony in a telephonic interview with rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What was your first reaction on hearing the verdict on June 7?
I had no expectations on that day. The seed of this judgment was sown when a Supreme Court bench headed by then Chief Justice of
India, A H Ahmadi, passed a judgment in 1996 that converted section 304 (II) (culpable homicide not amounting to murder) of the
Indian penal code to 304-A (causing death by negligence) to try the case. In 1996 we knew the fate of the Bhopal gas case. He
diluted the charges filed against Union Carbide. What happened was the culmination of injustice that started with that judgment.

Was there a design behind this?


I can't say how it was done. But surely there was some design. Eventually, after retirement, Justice Ahmadi became the lifetime
chairman of the Bhopal Memorial Hospital Trust and Research Centre which has funds worth millions of rupees. Those millions, paid
by Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that they have never ever been subject to Indian laws. They
have never appeared before an Indian court, nor have they lost anything due to Bhopal or benefited by the June 7 judgment. Our
country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring Anderson to
this country in the last 25 years.
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union
Carbide India?
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India
Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the Bhopal
factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in
September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to
human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai
kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)
People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust
Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like Bhopal. Their
reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must
be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations
in Jansatta before the 1984 gas leak.
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant
had problems before the leak in 1984. There is enough proof. Second, UCC, USA said they were not involved in the day to day
running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA
was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking
for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would
be too expensive and too difficult to acquire. How can UCC, USA escape their responsibility when they were advising Bhopal to
economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety.
Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company, didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of his order but he rejected it. We had sent messages to all the
members of Parliament at that time to press for a review of the dilution of charges against the company. There are hundreds of
documents that suggest that the parent company was involved in the running of the Bhopal company and they were aware of the
problems in the plant. I submitted all of it in a US court too.
In 1982, I had documents to prove that safety measures in the plant were faulty. I managed to raise the Union Carbide plant issue in
the MP assembly. The government denied any such threat, it is on record. The government denied my report and said there is a foolproof system in the factory and there is nothing to worry about. The government said all these things in defence of Union Carbide
in December 1982! I wrote to the Chief Justice of India in 1982 to intervene in the Bhopal factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the Government of India and the government of Madhya Pradesh.
If you find out how the settlement of 1989 was reached, you will know what I am saying is correct. The settlement was done with
the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and the Government of India agreed to drop all civil and criminal
cases against Union Carbide, which was later challenged in the court. Who did this? It was Rajiv Gandhi who made this settlement
possible. It was the ultimate shame that the Government of India accepted money for the victims to quash criminal proceedings
against UCC.
I challenged it in the court with the help of Indira Jaising, my lawyer. Only after that petition was the criminal case revived in June
1989. Anyone can understand what the role of the Government of India has been in helping victims.
It's very intriguing to see that after the Bhopal tragedy innumerable NGOs, from stalwarts like Indira Jaising to hundreds of
local community leaders, fought for the victims but nothing came out of it. Why such a total failure?
This is a very serious question. I am also worried about it. I don't know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All over the world the victims have sympathisers. Still justice
was not done. Why?
These are voices only. In society today only a loud bang is heard. That can be done by the television media. If the people would have
reacted in a similar manner in 1996 to Justice Ahmadi's decision, the Bhopal verdict would have been different.

How do you look at the Bhopal judgment?


I think the judge in his wisdom has not spoken much on (UC India chairman) Keshub Mahindra's role. We have a grouse against it. It
should be challenged. The Indian managers were equally responsible.
In Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of Bhopal?
There is Union Carbide Company who compromised safety for profit. There was the Indian government who could not withstand the
might of the multinationals. The cause of the tragedy was Union Carbide, but the injustice was due to the slow process of the
judiciary and the Central Bureau of Investigation. The investigating agency became a partner in crime.
Who helped Anderson? Who executed the operation to get him out of India on December 7, 1984?
The American government and the US embassy put pressure on the Indian government. They put pressure on the Prime Minister's
Office. Rajiv Gandhi, reportedly, asked Arun Singh to ensure Anderson's release. Chief Minister Arjun Singh didn't convey to New
Delhi [ Images ] the popular sentiments on the ground in Bhopal.
We reported these things then. We have no recordings of it now but we reported though our sources.
You are fighting since 26 years but now you see all around that people are reacting sensitively. There is a feeling of anguish
and frustration. How do you see the new-found interest in the Bhopal case?
This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TV. They
make us cry and they make us laugh. It is good, and even bad sometimes. In the case of Bhopal tragedy it is good that TV is shaking
our memories.

Union Carbide and Dow must respect the Indian justice system

This year marks the 30th anniversary of one of the worlds worst industrial disasters.
On the midnight of 2 and 3 December 1984, a cloud of toxic gas leaked from the Union Carbide India Limited (UCIL) factory in
Bhopal. It is estimated that more than 22,000 people died as a result, while about 570,000 were exposed to damaging levels of toxic
gas. Many people in Bhopal still suffer from serious health problems, and pollution from the abandoned factory site continues to
threaten the health of surrounding communities.
Today, three decades later, thousands of survivors and the families of those who died still await justice.
US-based UCC (Union Carbide Corporation) the majority owner of UCIL - is charged with culpable homicide not amounting to
murder but has never come to India to face these charges despite various court summons. The US-based Dow Chemical Company,
which bought UCC in 2001, has consistently denied any responsibility for the Bhopal disaster or for ensuring that UCC appears before
the criminal court.
On 4 August 2014, a Bhopal court issued a third criminal summons to Dow ordering the company to appear before it on 12 November
2014 and explain why it has not produced UCC before the court.

Dow has so far shown complete disregard for the Indian justice system. The United States government has a responsibility to ensure
that US companies are held accountable for human rights abuses elsewhere in the world. It must fulfil this responsibility.
Thirty years is too long to wait for justice and remedy.
Prime Minister Narendra Modi will be meeting US President Barack Obama for a summit meeting at the end of September. Join
Amnesty International India in asking Prime Minister Narendra Modi to urge the US Government to help ensure that UCC and Dow
respect the Indian criminal process:
* UCC must face the criminal charges against it
* Dow must comply with the summons by the Bhopal court and attend the hearing on 12 November 2014.

An Appeal to Honourable Prime Minister of India & Honourable President of USA

Your Excellency ,
I am writing to express my concern about the denial of justice to the thousands of people killed and affected by
the toxic gas leak from the Union Carbide factory in Bhopal on the midnight of 2 and 3 December 1984.

This year marks the 30th anniversary of the Bhopal disaster.

Over 22,000 people died and around 570,000 were exposed to damaging levels of toxic gas. Many people in Bhopal still suffer from
serious health problems, and pollution from the abandoned factory site continues to threaten the health of surrounding
communities.

On 4 August 2014, a Bhopal court issued another criminal summons to Dow ordering the company to appear before it on 12
November 2014 and explain why it has not produced UCC (Union Carbide Corporation) before the court.

Meanwhile, the injustice continues!

I stand with Amnesty International India in asking the Indian Prime Minister Narendra Modi to urge the US government to ensure that
UCC faces criminal charges against it and Dow complies with the summons by the Bhopal CJMs court and attends the hearing on 12
November 2014.

Thank You & Regards ,


Nagaraja.M.R.

30 years after the Bhopal gas tragedy

Lessons from Indias greatest industrial disaster with serious consequences for the environment remain unlearnt
Come December, it will be 30 years since the Bhopal gas tragedy occurred. The leakage of the deadly methyl isocyanate gas from
the Union Carbide Corporation (UCC) factory in Bhopal went down in history as one of the worst industrial disasters in the world. But
after all these years, has anything changed in India with regard to adoption of environmental safeguards before promoting industries
and related projects? More important, what is the fate of the victims of polluting industries?
Tragedy continues
According to a January 2013 report of the Indian Institute of Toxicology Research, Lucknow, the soil and groundwater within 3.5
kilometres from the UCC factory site is contaminated with cancer- and birth defect-causing chemicals. The contamination of soil
and groundwater actually predates the disaster, says activist Satinath Sarangi, who has fought for the cause of gas leak survivors.
From 1969 to 1977, Union Carbide used to dump its toxic wastes at 21 spots, most of them unlined pits, inside the 68-acre factory
premises. Despite 17 agencies, including government and non-governmental organisations, carrying out studies over the past two
decades, a comprehensive plan for remediation of the soil and groundwater has not been prepared, he says.
On Friday, October 31, when the news of Warren Andersons death spread across Bhopal, survivors of the tragedy got together to spit
on a photograph of the former UCC CEO, the first accused in the case and a fugitive from justice. Survivors are unhappy with the

court proceedings and compensation. While over 25,000 people have died in the disaster, the government has paid compensation
for only 5,295 deaths. The government acknowledged in June 2010 that the compensation it accepted from Union Carbide was
indeed inadequate. Following this, both the Central and State governments have filed curative petitions in the Supreme Court
seeking additional compensation of $1.2 billion, Mr. Sarangi says.
Rashida Bee, president, Bhopal Gas Peedit Mahila Stationery Karmachari Sangh, says three generations of gas leak victims have
suffered, with their children being born with disabilities but little was done by the government to help victims and to give medical
assistance to their families. Through the Chingari Punarvaas Kendra, run by Ms. Bee and her survivor friends, nearly 750 children are
now being treated with the money that came with the Goldman Environmental Prize in 2004.
Lessons not learnt
Lessons from the tragedy have not been taken seriously. Environmental activist Nityanand Jayaraman says key lessons such as
choosing appropriate sites for projects are violated to this day. Take the proposed Cheyyur thermal power project in Tamil Nadu,
for instance. If the power plant pollutes the land and waterbodies, who will compensate affected local communities? he asks.
Another example is the Gorakhpur nuclear power project planned in Fatehabad. Located close to dense human habitations, the
project has already raised several concerns, he says.
Disaster response is another important lesson. In Japan, even small children know how to respond to a disaster such as earthquake,
but go to Kudankulam and the local villagers know very little about how to respond to any radiation leak, he says.
The lack of preparedness in the face of hazardous pollution shows in the case of mercury pollution in Kodaikanal. Mahendra Babu,
president, Ponds HLL Ex-Mercury Workers Welfare Association, said that in 2001, the Kodaikanal mercury thermometer factory of
Hindustan Unilever Ltd. (then Hindustan Lever) shut down, but 36 ex-workers of the factory died from hazardous exposure to
mercury. In the past 10 years, 11 committees, including a Supreme Court-monitored committee, has been set up to redress
grievances arising out of the pollution from the factory. No thorough clean-up of the factory site has been done as yet, he says.
No prosecution
Environmental lawyer and activist T. Mohan says there are hardly any cases of prosecution of environmental crime by corporate firms
in India. In India,ex post facto clearances are being given to projects by polluting firms. Environmental Impact Assessment
notifications, which are supposed to be issued prior to the undertaking of projects, are being issued after the projects are
executed, he says. Although the Supreme Court has come down heavily on some instances of violations, government authorities
have been quite lax in these matters, he adds.
Mr. Mohan cites the example of the Loss of Ecology Authority (LEA), a tribunal set up to award compensation for farmers affected by
polluting industries, to demonstrate how settlement of legal compensation for victims of industrial pollution has not worked out.
The chairman of the LEA resigned a few months ago. The tribunal is rudderless and dysfunctional. Even when compensation was
offered to victims of industrial pollution, the sum was paltry. Farmers from Karur in Tamil Nadu were offered as low as Rs. 5-7 a
hectare of damaged land, he says.
With Anderson dead and having escaped imprisonment, Bhopal gas leak victims continue to suffer, Ms. Bee strikes a note of caution.
The new government should think about the consequences of going head over heels to woo industry without paying sufficient
attention to the poor institutional response mechanisms in the event of an environmental disaster.

India: Court decision requires Dow Chemical to respond to Bhopal gas tragedy

US chemical giant The Dow Chemical Company (Dow) must acknowledge its responsibility towards survivors of the devastating
Bhopal industrial disaster, Amnesty International said after the company was summonsed to appear before a court in Bhopal, India.
The company has been ordered to explain why its wholly-owned subsidiary, Union Carbide Corporation (UCC), has repeatedly ignored
court summons in the ongoing criminal case concerning the 1984 Bhopal disaster, where UCC is accused of culpable homicide not
amounting to murder.
Todays court decision is an important step in ensuring corporate accountability for the devastating consequences of the Bhopal gas
leak, said Audrey Gaughran, Director of Global Issues at Amnesty International.
Dow has always tried to claim it has nothing to do with UCCs liability for Bhopal, but the court has today made it clear that Dow
itself has a responsibility to ensure that UCC faces the outstanding charges against it. Dow can no longer turn its back on the tens of
thousands still suffering in Bhopal.
Almost three decades after the Bhopal disaster, victims and their families have yet to receive adequate compensation from UCC or
the Indian government.

The summoning of Dow is potentially a giant step towards establishing the criminal liability of Union Carbide Corporation for one of
the worst corporate disasters in world history, Satinath Sarangi, a member of Bhopal Group for Information and Action, a local
campaign group, said.
As 100% owner of Union Carbide, Dow will now have to find a way to explain Union Carbides absconding from serious criminal
charges for the last 21 years to the Bhopal Court, said Hazra Bee, a survivor-activist who lives right across from the former Union
Carbide plant in Jaiprakash Nagar.
The impacts of Bhopal continue to be felt today. Some 100,000 people continue to suffer from health problems. Ongoing pollution
from toxic waste at the former factory site has never been addressed.
Research conducted by Amnesty International in December 2012 found that, since the gas leak, women in Bhopal have reported
ongoing serious health issues including gynaecological and reproductive health disorders.
UCC held a majority share in Union Carbide India Limited, the Indian company that operated the pesticide plant responsible for the
1984 Bhopal gas leak, which it is estimated has killed more than 22,000 people.
In 1987, the Indian government brought criminal charges of culpable homicide not amounting to murder against UCC and its
former chairman Warren Anderson. Since then, UCC has repeatedly ignored court summons in India and has yet to face justice for its
role in the Bhopal disaster. Anderson escaped trial by simply living abroad. A request by the Indian government for his extradition is
still pending with the US government.
Dow has owned UCC since 2001 but has consistently denied responsibility for any UCC liability in relation to Bhopal, ignoring calls by
survivors and human rights groups to address the ongoing environmental and health impacts of the disaster.
Dow has always maintained that it did not own UCC at the time of the disaster and that the two are separate companies. But todays
court ruling means Dow must explain to the Bhopal chief judicial magistrate why it has failed to ensure its subsidiary appears in
court.
Dows attempt to distance itself from its wholly-owned subsidiary UCC has always ignored the reality of the relationship between
the two companies. Todays court summons has confirmed that Dow itself must ensure that UCC faces up to its responsibilities, said
Gaughran.
Dow should publicly recognise this responsibility and address the ongoing human rights impacts in Bhopal. Dow also needs to
explain why UCC has failed to show up in court, and to release publicly all information about the gas leak that UCC has withheld
previously.

Editorial : BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court of India & Supreme Court of USA

Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXED years before , MATCH FIXED by then MP Government
Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich
crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of
USA , for practicing double standards in enforcement of law & justice.

Double standards of supreme court of India


http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

PIL Appeal & Show Cause Notice to Supreme Court of India


http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india

In India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured
by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature ,
Favourable laws are enacted to legalize crimes of rich crooks for example : Illegal land encroachments by rich crooks. The
same MPs , MLAs are not aware about problems of poor public , they dont even open their mouth for asking questions on

welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public
servants are sacrosanct . Hereby , e-voice urges the supreme court of india ,
1.
To legally prosecute the jurisdictional police who changed the charge sheet , who let out Main criminal Anderson
illegally without orders from the court.
2.
To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of
GOI , who fully aided the main accussed , criminal Anderson to escape , to jump law.
3.
To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of
Justice.
4.
To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by
changing the clause under which Anderson & others were charged.

The Public servants Mps , MLAs , Judges , IAS / IPS officers , Police take thousands of rupees monthly salary , cars ,
bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium
hospitals , business class air travel , foreign tours , etc all at tax payers expense. After enjoying to the hilt at taxpayers
expense , these same public servants dont serve the public , they serve the rich crooks , anti nationals in their greed for
more money.

All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a
single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast
this will open the eyes of honest few in public service police , judiciary & parliament , it is a fond hope. Jai Hind. Vande
Mataram.

Yours sincerely,
Nagaraj.M.R.

HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS TO LAMP POSTS
-

Another independence struggle in India needed ?

After 66 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has
reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus
with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star
luxuries all at tax payer's expense , while more then 50 million are starving to death.

The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there
is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by
by public servants are worse than britishers.

Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to
respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved
can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value
of our hard won independence or the working of democracy.

When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politicianpublic servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to
take law into his own hands & get justice on his own.

Take for instance Bombay riots case several VVIPs cabinet ministers , police were found to be guilty of torture , murders of
innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not
taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming
free & commiting more crimes , anti-national activities.

In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police
conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a
favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So,
the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national
activities.

In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed.
Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means
guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is
that right from national security angle ? is it equality before law & equitable justice ?

Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who
took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely
to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption &
unaccountability of public servants in India.

In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt
judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG
personnel work for pay , perks and will be on the wrong side of law protecting criminals. The suffering public fighting for their
survival , on the right side of natural justice , protecting the nation.

If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt
acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created
, funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign
countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created
counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created
armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for
corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.

In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact
even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI
Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from
performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence
should not be practiced by anybody neither state nor public.

Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions.
Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous
democratic nation. let us build a true democratic India , free of corrupt public servants.

Shame! India sold its dead cheap


Shobhan Saxena,

Around 22,000 dead. More than 1,20,000 injured. Rs 1 lakh for each body. Rs 25,000 for every poisoned lung and damaged heart and
blinded eyes. 26 years of long wait. And just 2 years in jail for the men who committed the worst crime against the people of this
country. And this mockery of justice after such a long wait. Twenty six years after 40 tonnes of lethal gas seeped into the lungs of
Bhopal, families of some 17,000 men, women and children are still waiting for the so-called compensation. Thousands more are still
waiting to be accepted as victims. People of Bhopal are still drinking toxic water poisoned by Union Carbide in December 1984. And
the main culprit is living life kingsize in a mansion in New York.

No country sells its people so cheap.


No country sells its poor so cheap.
No country sells its dead so cheap.

Today on the day of Bhopal disaster judgment -- if there is a failed state in the world, its India. Its not Iraq. Its not Somalia. Its
not Sudan. Its India.

India its government, judiciary and corporates accepted the ridiculous amount of $450 million dollars for the people killed and
maimed by methyl isocyanate leaked from the Union Carbide factory in the heart of Bhopal three decades ago. In all these years,
the poor victims have done everything they could to get justice and compensation. They have cried and died on streets, sat hungry
and faced police lathis on roads and filed court cases in the hope that one day they will get justice.

Today, they were denied justice. Today, they were told that they should be happy with the peanuts thrown at them by Union
Carbide. Today, India proved once again that it doesnt care for its poor. Today, it was proved all over again that those who do
politics in the name of poor in this country, always rule for the rich.

What justification does CBI have for not being able to produce Warren Anderson in court. The chairman of UC at the time of the gas
attack (it was not an accident, the gas leak was caused because of cost-cutting steps taken by him) on the people of Bhopal,
Anderson was arrested and later released on bail. He ran off to US in 1986 and we have not been able to find him or ask the US to
extradite Anderson to India. Why? The government says it doesnt know where Anderson is. What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the streets after hearing news that the Chief Judicial Magistrate of
Bhopal had ordered the CBI to arrest Anderson and produce him before the court without delay. The court also asked the CBI to
explain what steps it had taken since 2002 to enforce the warrant and extradition of Anderson, who was declared an absconder in
1992. Though the CBI and US government failed to track Anderson, supporters of Bhopal victims traced him to the elite New York
neighbourhood of the Hamptons. In 2003, Greenpeace activists paid Anderson a visit at his home and handed him an arrest warrant.

Todays ridiculous judgment in Bhopal didnt say anything on Anderson as he is a proclaimed offender. This status suits him fine
because he doesnt have to bother about coming to India and answer some very crucial questions:

*Why did Union Carbide not apply the same safety standards at its plant in India as it operated at a sister plant in West Virginia, US?

*On the night of the disaster, why did the six safety measures designed to prevent a gas leak fail to function?

*Why was the safety siren, intended to alert the people living close to the factory, turned off?

The victims have always alleged that Bhopal happened because of negligence by the Union Carbide and that was caused by costcutting measures taken by Anderson. Is it because of this reason that Anderson has been 'hiding' in the US?

A criminal has a reason to hide, but what reason does our government have to let a mass murderer like Anderson go scot-free. Is it
because he is an American? Can an American come to India kill people in this country and run away with no consequences? That
seems to be the case. We are still struggling to get a chance to question David Headley Coleman, an American citizen responsible for
the worst terror attack on an Indian city in 2008. Will we succeed in getting Headley extradited to India? No way. Never.
Today, India proved that it doesnt really care for its people, particularly if they have been slaughtered by powerful people from the
most powerful nation in the world. Instead of taking on America and fighting for justice for its poor, India is more than happy to sell
its dead cheap.

Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail

BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedy case have been
granted bail and released on submission of a surety of Rs 25,000 by a trial court in Bhopal, according to a Times Now report.
Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to
negligence.
Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court,
said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in
the case.
The Magistrate court in Bhopal on Monday convicted all eight Indians accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine
has been imposed on UCIL.
Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases
and deformity - the toll of victims is still rising.
Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the
case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered
down making all sections carry the maximum punishment of 2 years.
The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson
still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.

Anderson: The man who got away in Bhopal gas case


Chidanand Rajgahtta,

Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.
As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over 26 years a travesty of justice to many, two
principals associated with the disaster have faded from sight even as newer culprits in most recent outrages (BP oil spill and
Mumbai's 26/11 massacre) are in the spotlight.
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly
owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his
retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in
Long Island, New York.

Both have washed their hands off the Bhopal disaster. Union Carbide says its officials were not part of this case since the charges
were divided long ago into a separate case. "Furthermore, Union Carbide and its officials are not subject to the jurisdiction of the
Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide
India Ltd, (UCIL)" a spokesman for the company told Wall Street Journal.
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its
employees and all those convicted are the "appropriate people from UCIL officers and those who actually ran the plant on a daily
basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their
families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the
Indian government," the spokesman added.
Anderson isn't talking. He hasn't spoken on record on the subject for nearly two decades. Now nearing 90, he lives with his wife
Lillian in a million-dollar home in the swish Long Island neighbourhood of Bridgehampton, avoiding social contact and hiding from
the media and activists who have struggled long to bring him to justice.
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and
pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the
Bhopal disaster (even though Harrell hadn't mentioned anything about the disaster).

Bhopal gas case: SC shot down move to slap tough charges


Dhananjay Mahapatra ,

NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose
collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II
of IPC that attracts a maximum jail term of 10 years was set aside by the Supreme Court itself on September 13, 1996.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential
danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared
common criminal knowledge about potential danger of escape of the lethal gas MIC both on account of the defective plant
which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by
the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material
pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable
homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at
least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI
tracked down Altaf Ahmed in Dubai. Ahmed expressed disappointment, not with the trial court verdict but with the SC's 1996
judgment.
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not
justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page
judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a
rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that
necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.

END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL

Shortly before midnight on 2 December 1984, thousands of tonnes of


deadly chemicals leaked from Union Carbides pesticide plant in
Bhopal, central India. Around half a million people were exposed.
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation both medical care and measures to
address the socio-economic effects of the leak have fallen way short
of what is needed.
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at Bhopal and efforts by survivors organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gasexposed families.
For 25 years the Indian government has failed the people of Bhopal.
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that


Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984,
when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took- away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of

India, Prosecution by Government of India & Judged by Government of


India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim'sgas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminalsU.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which tookover U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to goon foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?
An appeal to honourable supreme court of USA & HE Honourable president
of USA Mr.Obama
Your government protects all Americans, all American companies both
inside America & abroad. If an American tourist is murdered in a third
country , American investigators fly over to that country to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in Bhopal
India , no action by American government. Still the said American

company has not removed , cleared the accident site of poisonous


debris at Bhopal India since decades and still causing mass man
slaughter , no action by American government why ?
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some US companies are selling
drugs ( which are banned in the USA ) to third world countries , still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you think
that the lives of non Americans are cheaper than Americans ?
Hereby, I do request your kindself ,
1 . to initiate criminal prosecution against US based key management
personnel responsible for Bhopal gas tragedy .
2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy on par with
American lives , as if the same tragedy happened in the USA itself.
3 . to order the management of the said company to clean up Bhopal off
poisonous debris , from the accident site at their own expense.
4 . To legally prosecute US exporters & US based companies selling
products ( which violates US FDA regulations or banned in the USA for
domestic consumption ) to third countries.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers who are going to loss all their lands , sources.of livelihood for the sake
of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned like
REAL ESTATE / COMMISSION AGENTS for the rich & mighty . the government says it is acquiring lands for development of
industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates lower than
market value , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc ,
from the government . these corporates are even given free hand to raise share capital in the Indian market. the government
has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they
are exempted from providing P.F / E.S.I coverage to their employees ie they need not worry about the occupational health
hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take
our own money, employ our own people , use our own natural resources & finally take away the net profits to their home
countries what they give back ? environmental pollution , tax evasions , low paid occupational hazardous jobs to locals ,
stock market scams .

During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as
"Neo colonisation" & detested it. There were various restrictions on foreign investments. The local industrialists under
monopolistic
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political
patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated
the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.
During 1990's under the international pressure India signed GATT & slowly started opening it's economy. Now, from 01/01/05
even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at
all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries - salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like
Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or
Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology,
pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they
are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government
is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

1. There is lack of comprehensive environmental norms.


2. The enforcement of environmental norms is lax.
3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.
4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational
hazards/environmental pollution is meager.
5. The enforcement of labour laws are lax.
6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.
7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or
countries which have double taxation avoidance agreement with India.
8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates
or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister
concerns at exhorbitant rates, etc.
9. The corporate governance laws are almost absent in India & it's enforcement nil.
10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.
11. On top of it, well trained, technically qualified people are available at low rates through contractors.
Just consider the following cases which highlight the apathy, irresponsibility of government of India and emboldened the
cunning, MNCs:1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable
water to it's people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned
water.
2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is
the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department
of atomic energy enterprises.
3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor
building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power
plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near
Chennai.
4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health
problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even
after 20 years.
This is still further damaging the residents of Bhopal.
5. In the above union carbide disaster, the Government of India didn't present the case properly before supreme courts of India
& U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost
of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would
have been the consequence?
6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola
very easily.
7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are
easily marketed by the same U.S.& Europe based MNCs in India.
8. In India spurious drugs, medicines, food stuffs are easily marketed.
9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being
tried upon ie. Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or ecosystem.
11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.
Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.
12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant
regard to public health.
13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath ,
Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into
Indian seashore. The labourers here are forced to work without any safety gears.
14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't
respond at all.
All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable
at will. This is the major attracting force for MNCs to India.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper
safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's
labour
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In
turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation
(U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The
government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title
deeds just months before the tragedy in 1984.
Now, refer the following:1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from
U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India
got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims &
declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights.
The
victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by
Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex
court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without
making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings
against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper
assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L
from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-gas tragedy victims, properly before the U.S.courts, where
the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India &
Government of India, here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to
provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the
victims, till
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that

too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment
and taking toll of more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than
U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India
through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly
guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the
Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of
India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely
Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has
caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government
of U.S.A. to step in & pay-up.

In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow
chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits
both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to
cough-up the sum.
Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to
India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/
investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with
MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be
transparent ?

Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson goes scot-free

New Delhi: Bhopal gas tragedy prime accused Warren Andersons failed extradition has kicked off a war of words between former
CBI investigators and the law minister.
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Officers who probed the case but have now retired claim their hands were tied by government missives directing CBI not to pursue
Andersons extradition.
In fact, the government had committed to the US that Anderson would not be arrested during his visit to Bhopal in the aftermath of
the tragedy. Accordingly, he was allowed to return.
Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving a letter from the ministry of external affairs to
not pursue Andersons extradition.
I distinctly remember receiving a routine letter which said Warren Andersons extradition may not be pursued. Normally, directions
are not received through letters. It was a rare case, he told DNA, making a case for greater autonomy to CBI.
We [CBI] had responded to the letter that investigations required [Andersons] extradition, Lall said.
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
CBI did its best to investigate the case fairly and push for Andersons extradition. But our hands were tied. In 1996, we got a major
blow when the Supreme Court deleted criminal sections from the case.

The CBI charge sheet mentioned section 304 IPC (culpable homicide with a maximum punishment of 10 years). However, the charges
were watered down to 304 (a) (death due to negligence), usually used in cases of road accidents.
With such a mild section, it is impossible to get an extradition anywhere. The moment 304 was quashed, half the case was lost,
Singh said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply to Lalls claims, he said, After retirement people can give
many statements. It is an irresponsible statement. This is not done at all. I think we need to do something to deal with such people
who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.

New Delhi: A former senior CBI official, involved in the Bhopal gas leak case investigations, today claimed that the probe was
"influenced", generating a strong reaction from law minister M Veerappa Moily who termed the remarks as "irresponsible."
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The officer, BR Lall, former joint director of the agency and in-charge of the probe also said he was forced by the ministry of
external affairs officials not to follow extradition of Warren Anderson, the CEO of Union Carbide Corporation when the gas leak took
place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as a result the justice in the Bhopal Gas leakage case got
delayed, hence, denied," said Lall, the CBI officer in charge of the investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After retirement, people can give many statement. It is an irresponsible
statement. This is not done at all. After retirement, people become martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out
of the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday convicted former Union Carbide, India, chairman Keshub
Mahindra and seven others for the world's worst industrial disaster, that left more than 15,000 dead on the intervening night of
December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to follow the extradition of Warren Anderson, which affected the CBI
probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section 304 IPC, which amounts to culpable homicide with maximum
punishment of 10 years. However, the charges were later watered down to 304 (a), usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for extradition of Anderson was made to the US side under India-US
bilateral extradition treaty. This request has already been reiterated on more than one occasion."
Anderson, 89, the then chairman of Union Carbide Corporation of USA, who lives in the United States, appeared to have gone scotfree for the present as he is still an absconder and did not subject himself to trial. There was no word about him in the judgement
of the Bhopal court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in and out of Bhopal in a state government plane was today
strengthened by the aircraft's pilot.
''We got flight information from the then Director of Aviation R S Sodhi for a flight from Bhopal to Delhi and were told to keep the
aircraft, a state government plane, ready,'' Captain Syed Hasan Ali claimed in an interview to a news channel.
Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal
He added that Anderson's identity was kept a secret from him. ''We did not know who he was,'' he said.
Capt Ali further claimed that Anderson was alone in the aircraft and looked upset and tired. ''As we waited for him, he came with
the then SP and the District Magistrate of Bhopal. When we landed in Delhi, an ambassador picked him up from next to the plane
and I left him with the airport manager,'' he claimed.
Anderson case not closed, he slipped because of CBI: Moily
Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singh government that Anderson was allowed to fly.
''I had received a call from the office of the then Chief Minister, Arjun Singh, ordering to arrange Anderson's departure on December
7, 1984,'' Captain R S Sodhi claimed in an interview to a news channel today.
Eight held guilty for Bhopal gas tragedy, get two years in jail
He alleged Anderson, a few hours after he came to know about his charges with culpable homicide, reached the airport where the
Chief Minister's official plane stood waiting for him, along with senior bureaucrats and police officers.
The city's Superintendent of Police and the district magistrate, Moti Singh, waved to Anderson as he boarded Singh's plane, he said.
Earlier, Moti Singh had also alleged that the then Chief Secretary of the state had called him to his room and told him to arrange for
the flight of Anderson out of Bhopal.
''The then chairman Keshub Mahindra and UCIL's then managing director Vijay Gokhale after landing in Bhopal were taken into
custody at the airport itself but soon after that, he and the district police chief were told by the Chief Secretary to get the US
citizen released on bail and send him to Delhi by plane,'' he said.

Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American parent company Union Carbide Corp responsible for the
1984 Bhopal gas tragedy, got out of India on the governments order.
Moti Singh, who was the District Collector of Bhopal at the time of gas leak from the Union Carbide plant, said this to CNN-IBN on
Wednesday.
He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the time, called him and the Superintendent of Police (SP)
personally and asked him to release Anderson.
Anderson was arrested on December 7 but he was released the same day and flew out of Bhopal in a state government plane to
New Delhi, said Singh. SeveralUnion Carbide officials were arrested on December 7 and kept at the company guesthouse after the
gas leak on December 1, which was declared a temporary police station.
"At around 2 pm in the afternoon the Chief Secretary summoned me to his chamber in the Secretariat. We went there -- he (Chief
Secretary) said Mr Anderson was to be released and sent to Delhi by plane which was awaiting him at the airport. We did legal
formalities and Anderson was released on bail. He was put on the plane and he went to Delhi, said Singh.
The former official said he was never given reasons why Anderson was being released. Singh claimed Anderson wanted to visited
areas affected by the gas leak but he was told there was a threat to his life.
"He was reluctant to leave immediately. He said he wanted to see the affected areas and meet the people. I told him he was not
welcome in Bhopal and that there was risk to his life and in no case he could be allowed to go to the affected areas.
The former district collector claimed Anderson seemed casual and showed symptoms of arrogance but toned down when he was
told that he was being released.
Singh recalls Anderson briefed him on how the deadly methyl isocyanate (MIC) gas "leaks, how it works and what wind direction it
will take. Singh says Andersons information tallied with what was happening in the city.
Anderson was charged with culpable homicide not amounting to murder, grievous assault and killing and poisoning human beings
and animals due to leakage of the MIC gas from theUnion Carbide's pesticide plant in Bhopal.
A Bhopal trial court on Monday convicted eight Indian officials of Union Carbide for their criminal negligence that triggered the
world's worst industrial disaster, but Anderson was not mentioned in the judgment.
Law Minister Veerappa Moily on Tuesday told CNN-IBN the case against Anderson was not closed and blamed a former Central
Bureau of Investigation officer, who had investigated the gas leak, of not pressing for the Americans extradition.
Date : June 9th, 2010. News by Newsofap.com

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Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others
on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested
Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984
in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284
(negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other

animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted, Anderson may not have been able to leave India," they said.
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme
Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union
Carbide plant on the intervening night of December 2-3, 1984.
Date : June 11th, 2010. News by Newsofap.com

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for the 1996 verdict in the Bhopal gas tragedy case, has offered
to resign from the post of Bhopal Memorial Hospital Trust chairman.
Speaking to a daily, the former CJI said, I will send a fresh application to the new Chief Justice of India asking to be relieved of the
responsibility, though my previous application was pending with former CJI KG Balakrishnan.
Justifying his stand, Ahmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up
by the Union Carbide after the gas leak.

Justice Ahmadi, who headed the bench in 1996 that converted the CBI charge under the stringent provisions of 304-II that provided
for maximum of 10-year imprisonment to Section with two-year maximum imprisonment, said it was easy for people to talk and
make allegations but judges have to work as per the system.
A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death
by negligence.
Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge
against Union Carbide executives in Bhopal gas tragedy case, saying in criminal law there was no
concept of vicarious liability.
He also lamented the lack of a law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate
punishment.
Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claim that no one had filed a review petition after
the Supreme Court dropped charges of culpable homicide against the accused in the case.

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"Our organisation had filed a review petition but that was dismissed in 1996 by the Supreme Court, which was then headed by
Ahmadi himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.
As the guilty had not been charged under Section 304 of IPC (culpable homicide not amounting to murder), they were let off with
imprisonment of only two years each, Jabbar claimed.
Justice Ahmadi, who had delivered the Bhopal gas tragedy case verdict in on June 09 1996, said he could not recollect whether a
review petition was filed. However, he had earlier stated in a television interview that no review petition was filed.
Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trust that runs a 350-bed superspeciality hospital. The
trust was set up by Union Carbide.
A total of Rs 600 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an SC
judge should be its chairman and Ahmadi has been at its helm since retirement.

Police released Anderson after 'deleting' stringent charge

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others
on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested
Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984
in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284
(negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other
animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted, Anderson may not have been able to leave India," they said.
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme
Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union
Carbide plant on the intervening night of December 2-3, 1984.
MP CM seeks explanation from Arjun Singh on how Anderson fled
New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on Friday said that his government will go to any extent to get
justice for Bhopal gas victims and demanded an explanation from then Chief Minister Arjun Singh on how former Union Carbide CEO
Warren Anderson fled the country.
"We will go to any extent to get justice for the victims...This is not an issue of Bhopal or the state. It should act as an example of
how to give punishment in such cases," he told reporters here.
Noting that the people of the state felt "let down" following the gas tragedy verdict, Chouhan said he has written to Arjun Singh and
asked for a reply on the circumstances that led to Anderson's escape.
"Let Arjun Singh explain it. Whether he did it (gave permission for providing state aircraft) himself or anybody told him to do so. We
want a reply from him if a wrong direction was given. And after all, why such a direction was given.
"There are lot many questions like why the CBI filed no appeal when the charges in the case were diluted in 1997. If he gives a
statement, things would be clear. The state and the country want to know these circumstances," he said.
Chouhan said a five-member team of legal experts has been set up by the state government to look into the issue and examine what
could be done legally to get Bhopal gas victims justice. The interim report of the team would be out in the next ten days, he said.
Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the
country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion.
"Somebody is saying the Centre is responsible while somebody else says the issues comes under the state. Different people are
speaking in different voices...One wants to protect somebody while the other wants to trap someone else.
"This is leading to confusion... Arjun Singh should speak the truth. What other Congress leaders are speaking is only bringing out the
contradictions within the Congress party," he said.
He said that his government is open to all options and will decide after the committee report on whether to constitute a probe
commission go into the lapses or take up the issue with US courts.
CBI failed to act on warrant against Anderson last year
Bhopal: The trial court in the Bhopal gas tragedy case had issued an arrest warrant against former Union Carbide CEO Warren
Anderson last year but the CBI had failed to give any written response to it, according to court sources.
They said the warrant, the second against Anderson, was issued by Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the
CBI did not give any written response to it.
Anderson was the chairman of the Union Carbide Corporation (UCC) at the time of the disaster in December 1984 which left over
15,000 people dead.
Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency, Anderson's case had been closed.
The first court warrant against Anderson was issued in 1992.
Direction to release Anderson must have come from CM: Ex HS
New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday said that the then Chief Minister Arjun Singh may have
given directions to officials to release former Union Carbide chief Warren Anderson.
Sharma, who was the Home Secretary when the Bhopal gas tragedy took place, said the pressure to release Anderson must have
come from the Chief Minister as "no officer would take such a step without direct instructions from the government".

"Right from the beginning there had been some soft approach towards the whole thing otherwise he (Anderson) would have not been
kept in a guest house when he was in custody. Releasing an accused of such a heinous crime on the same day means there was a
tremendous pressure," he said.
"...It is difficult to say from where this pressure came but certainly the pressure from Chief Minister on officials must have been
there because no officer would take such a step without direct instructions from government."
Sharma claimed despite being the Home Secretary he was not kept in the loop and "not informed about Anderson's release."
To a question whether there was pressure on Arjun Singh, he said: "This is not known to me whether there was some pressure on
Arjun Singh or not...I did not discuss with Chief Minister Arjun Singh. I really do not know.
"But he certainly gave (some) instructions because the Collector had said the Chief Secretary told him. The Chief Secretary should
not have told him. The Chief Secretary should not have passed on these instructions without very strong instructions from the Chief
Minister," he said.
He also questioned the Government's decision to keep Anderson in a guest house after his arrest and termed the grant of bail to him
as illegal.
"It is certainly unusual. Although in a few cases it does happen but it is when the offence is not heinous and the person is
respectable. But so far as this case is concerned, 15,000 persons have died and keeping accused in rest house was certainly, I would
say, very unfortunate and shouldn't have been done," Sharma said.
"When the case, which was registered under Section 304 which is a non-bailable cognisable offence in which the bail can only be
granted by Sessions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal," the
former bureaucrat said.
"In a high profile case, in which so many persons died and somebody who had come from the US has been arrested and if he has been
released same day on bail, not informing me or not keeping me in the loop, not consulting me was certainly not normal. In such
cases the Home Secretary is always consulted."
Sharma said the then Bhopal Superintendent of Police had informed him about Anderson's arrest and he was not aware that he was
released on bail.
"Whether there was pressure or not, I am not aware because till his release I was not in the loop. I was not consulted at all. So I
have absolutely no information whether there was pressure to release," Sharma said.
Congress denies Rajiv had a role in Anderson escape
New Delhi: The Congress party on Friday strongly rejected a former prime ministerial aide P.C. Alexander's indication that the then
prime minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union Carbide Corp in 1984, escape from the country within
days of Bhopal gas tragedy.
Alexander reportedly stated that Gandhi and then Madhya Pradesh chief minister Arjun Singh were directly in touch with each other
over the escape of Anderson from the country barely days after the world's biggest industrial disaster in Bhopal Dec 2-3, 1984.
Congress spokesperson Jayanti Natarajan said there "is nothing unusual" in a prime minister and a chief minister being in constant
touch with each other.
She said the Group of Ministers for Bhopal gas tragedy would "gather all information and put it before the people".
The GoM is headed by Home Minister P. Chidambaram and includes Law and Justice Minister M. Veerappa Moily, Health Minister
Ghulam Nabi Azad, Minister for Road Transport and Highways Kamal Nath, Minister for Chemicals and Fertilisers M.K. Alagiri, Minister
for Urban Development Jaipal Reddy, Science and Technology Minister Prithviraj Chauhan and Minister of Housing and Tourism Kumari
Selja.
The Bhopal Gas Tragedy Continues
An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 Bhopal gas tragedy survivors, an American court has ruled that it was Union Carbide India Ltd
(UCIL) and not its parent company, Union Carbide Corporation (UCC), which was responsible for the generation and disposal of the
hazardous waste that has contaminated the citys soil and groundwater.
While delivering his judgment on 26 June, Judge John F Keenan found no evidence indicating that UCIL manufactured pesticides on
UCCs behalf, entered into contracts or other business dealings on UCCs behalf, or otherwise acted in UCCs name. According to
him, UCC and UCIL were separate entities at arms length from each other and UCC exerted no control over UCIL.
Significantly, it was the same court that in May 1986 sent the case for compensation to the Indian courts. At that time, the Indian
government, on behalf of the victims, had filed a suit for $3.3 billion as compensation arguing that since the disaster was a
consequence of decisions taken by the parent corporation, an American court was the appropriate forum.
Aware of the massive compensation awarded in cases of corporate malfeasance by US courts, UCC argued that the case be sent to
India. The US court presided over by Judge Keenan ruled in favour of UCC and sent the case to India. The court is firmly convinced
that the Indian legal system is in a far better position than the American courts to determine the cause of the tragic event and
thereby fix liability, he had said.
In the context of the judgment delivered on 26 June, it would be interesting to see how it matches up with the pronouncements of
the far better placed Indian judiciary on the specific issue of liability of UCC vis--vis that of its Indian subsidiary.

Following Judge Keenans 1986


order, the case for
It was the same US court that in May 1986 sent the case for compensation to the
compensation was presented
Indian courts
before the Bhopal District
Court where Chief Judicial
Magistrate MW Deo directed that UCC will deposit in this court Rs 350 crore for payment of substantial interim compensation and
welfare measures for the gas victims. Significantly, he did not make any pronouncement against UCIL.
UCC appealed against this order before the Madhya Pradesh High Court where Justice SK Seth upheld Judge Deos directions to UCC
but brought down the compensation amount to Rs 250 crore. Judge Seth justified his direction on the grounds that, UCC owned
more than half the stock of UCIL as well as controlled its board of directors and as such was a parent and holding company of UCIL
under Indian law. Thus, it was in fact the defendant UCC that designed, constructed, owned, operated, managed and controlled the
Bhopal plant through its Indian subsidiary.
In response to UCCs contention that it had no control over the running of the Bhopal plant, Judge Seth observed, During 1978-84,
certain vital decisions regarding the fate of the Bhopal plant, including those relating to its sale, lease or dismantling and shipment
to a foreign country, were taken at different stages by the UCC management, sometimes even without reference to the Indian
company, indicating complete control of the defendant UCC over the affairs of the Indian company.
UCC appealed against Justice Seths order in the Supreme Court and it eventually led to a collusive settlement in February 1989 for
$470 million. The court directed that the bulk of the amount $425 million was to come from UCC and the rest from its Indian
subsidiary. In October 1991, the order was modified and criminal charges against UCC and its officials and subsidiaries were
reinstated. When UCC continued to abscond from Indian courts, in April 1992, Chief Judicial Magistrate Gulab Sharma directed that
movable and immovable properties of UCC located in India be attached.
In June 2010, Chief Judicial Magistrate Mohan P Tiwari, in his judgment in the criminal case against UCIL and its officials, remarked,
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.
Reportedly, Union Law Minister Salman Khurshid has refused to comment on Judge Keenans verdict absolving UCC of its liabilities.
The least he could do is point out that between the 1986 and 2012 judgments, only one could be right.

Judgement Fixing in Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the
system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the
system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.
A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized,
interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them
in an improper way, to the detriment of the system's original purpose.
Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the
United States Constitution.

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted
to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with
government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".

Double Standard : BP And Bhopal


By Bill Quigley & Alex Tuscano
When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the
people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the
lives of the people of India.
BP should pay $20 billion in compensation, probably even more. The people of India agree with that.
But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically
different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial
disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people
within two weeks, and disabled hundreds of thousands of others many still suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the
heart of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused
widespread birth defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and

chromium.
While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite
Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. Just
between you and me, shouldnt the world Bank be encouraging MORE migration of the dirty industries to the Less Developed
Countries?... Ive always thought that under-populated countries in Africa are vastly UNDER-polluted
Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap
labor but also to avoid disastrous impact of these industries on the advanced countries.
Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union
Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million
for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers
of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of
justice for one of the worlds greatest disasters.
We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all
people, no matter where they live.
Together we must bring about change in corporate development. We have to emphasize social production for the needs of people
and improved social relations.
If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not
last.
Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree
Indian prophecy Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when
the last fish has been caught, only then will humankind learn that money cannot be eaten.

Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held that neither Union Carbide nor its former chairman Warren
Anderson were liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.
US district judge John Keena in Manhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the
Bhopal plant due to the disaster, and ruled that Union Carbide Corporation (UCC) and Anderson were not liable for remediation or
pollution-related claims.
The court ruled that it was Union Carbide India Ltd, and not its parent company UCC that was responsible for the generation and
disposal of the waste that polluted drinking water, and the liability rests with the state government.
Plaintiffs Janki Bai Sahu and others had alleged that "toxic substances seeped into a ground aquifer, polluting the soil and drinking
water supply in residential communities surrounding the former Bhopal Plant site".
They alleged that exposure to soil and drinking water polluted by hazardous waste produced Union Carbine India Ltd caused
injuries.
"The summary judgement record certainly indicates that UCIL consulted with UCC about its waste disposal plans and on nonenvironmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC's approval for
the actions about which plaintiffs complain," the court said in its order.
"Moreover, there is no evidence in this extensive record indicating that UCIL manufactured pesticides on UCC's behalf, entered into
contracts or other business dealings on UCC's behalf, or otherwise acted in UCC's name," it said.
The industrial accident, the worst in Indian history, led to the leak of poisonous methyl isocyanate, claiming thousands of lives in
the Madhya Pradesh capital.

REWIND: Finding Bhopal gas tragedy's Warren Anderson

October 31, 2014 12:56 IST


On Friday, Warren M Anderson, the former chief of Union Carbide Corporation died at a nursing home in Florida.
Anderson, 92, faced prosecution for his role in the Bhopal gas tragedy that claimed the lives of over 15,000 people.
Back in September 2002, Shakti Bhatt/Rediff.com located the former Union Carbide chairmans luxury home in New York,
declared unknown by the American and Indian governments.
Rediff.com reproduces the 2002 feature about his life in hiding.
Warren Anderson's home in Bridgehampton, New York, militates against the notion of a hiding place.
Located on a street that runs off the main road, the gates of the house are open. As you enter, the neatly trimmed garden flowers,
alternatively red and white, vie for attention with the sparkling vintage Buick Roadmaster parked outside the door.
If you stroll around the house, you come upon a large freshly cut lawn with two full-size beach chairs. The curtains in the bedroom
are drawn. A king size bed with cream sheets and satin blue pillows, flanked by an ornate headboard, has just been tidied.
Anderson and his wife Lillian live in this luxury home in the Hamptons, the weekend resort for the rich and famous. And,
occasionally, the infamous.
Anderson has lived here since he was charged with 'culpable homicide' for the disaster at the Union Carbide factory in Bhopal in
December 1984 that consumed the lives of over 20,000 people. If Anderson -- then Union Carbide CEO -- is ever extradited to India,
he could face charges leading to 10 to 20 years in a dirty, overcrowded, rat-infested Indian prison.
Bridgehampton is an intensely private neighbourhood. An outsider driving around its roads is distinctly discernible and stared at. A
five-minute walk from Anderson's home on Ocean Road takes you to the water. A man is perched in his red sports jeep, reading a golf
magazine.
"Do you know Warren Anderson?" I ask him.
He looks up, a trifle annoyed at being disturbed. "Yeah. I mean we are not best friends but I know who he is," he says.
I begin to walk away. He stops me and says, You know, yesterday there was this woman outside his home with a poster saying 'Go
back to India.
"Do you know why?" I ask.
"Nope. That is his business,' says the gray-haired man, and goes back to his magazine.
The woman with the poster was Diane Wilson, a shrimp farmer from Texas who now spends most of her time holding protests against
the former CEO of Union Carbide, now a part of Michigan-based Dow Chemicals.
Anderson clearly believes it is not any of his business either.
When a rally of more than 1,000 protestors stood outside his home last week, he stepped outside to speak to them.
"Yell at them is more like it," says Arvind Rajagopal, professor of media at New YorkUniversity who is involved with the Bhopal
awareness campaign in this country. "He said, 'Get your facts right. They bulldozed the clinic we built'. That is bullshit. No clinic was
bulldozed. In fact, the only clinic they built is still there in Bhopal."
Anderson is clearly upset he has been found.
It was detection work not by an investigative journalist but by a campaigner for GreenPeace. Casey Harrell left his office in
Washington, DC, early one morning to drive to New York. He knew it was going to be an exciting day.
After weeks of research, he had located the address of Anderson's $900,000 home, declared unknown by the American and Indian
governments. Harrell wanted to meet Anderson and serve him the arrest warrant issued 10 years ago by a Bhopal district court.
August 28, Harrell sat inside his car with a colleague. A day before, photographers from London's Mirror newspaper had shot a
picture of a visibly disconcerted Anderson.
MUST READ: Bhopal gas tragedy: Remembering what was left behind
Anderson's Cadillac pulled into his house. Harrell waited. Anderson was rinsing the gravel off his car when Harrell, with a mini
camera on him, made his move. Guessing the nature of Harrell's visit, Anderson said, 'Oh, Mr Anderson is not around right now. What
do you want with him?'
Harrell, while recognising Anderson, replied he had some questions to ask the owner. Right after, an elderly woman driving her car
stopped outside Anderson's home. She had noticed the signs of aggravation on Anderson's face.
'Hey, Anderson! Is anything the matter?' she called out.
"It was then that Anderson got really agitated," recalls Harrell.
"He told the lady not to mention his name and ran inside the house. I started to run after him. Fortunately, as he was about to close
the door, I stuck in my foot and threw the warrant inside."

Anderson's neighbour approached Harrell. 'You are mistaken. He is Warren McLaughlin, not Warren Anderson.' Seeing that her listener
was not convinced, she raised her voice in exasperation and repeated, 'Don't you understand? He is not the former Union Carbide
executive.'
Harrell smiled. 'Ma'am, I never said anything about Union Carbide.'
'Oh my!' gasped Anderson's helpful neighbour and sped away in her Lincoln.
For Harrell and those actively involved in helping Bhopal's victims receive justice, this was a symbolic act. In the 18 years that have
passed since the tragedy, little has been done for the families that continue to suffer the long-term consequences of the toxic gas
leakage that led, among other things, to severe contamination of the groundwater. Ninety per cent of the victims are said to have
received less than $500.
Victims' groups have mobilised themselves under the leadership of Satinath Sarangi, a 48-year-old survivor. In 1997, he met Raj
Sharma, a lawyer who had just graduated out of the American University Law School.
While in college, Sharma took a course offered by a visiting professor, Upendra Bakshi,that informed him about the legal history of
the Bhopal accident.
Sharma was hooked. He decided to leave for Bhopal following his graduation.
"The scene in Bhopal was very bad. There was a situation where one person was dying every day. The long-term consequences were
beginning to set in, most strongly in women, such as severe menstrual irregularities, birth defects in the children of survivors and
such," says Sharma.
Two years later, Sharma filed a lawsuit in the US against Union Carbide and Anderson, and has been litigating since.
Even as he is impressed by the will of the Bhopal victims to pursue justice, he expresses shock at the behaviour of Indian
government officials.
"The Indian government refused to put in even a single line or letter for us. They did not want to be embarrassed in front of Union
Carbide, embarrassed to be supporting their own people. I had heard of the government's collusion with the company before I left
for Bhopal. I said to myself, 'Don't be naive, this cannot be true,' until I saw it happening with my own eyes," says Sharma.
The lack of Indian political will has a lot to do with economics, claim those involved with the movement. "The Government of India
is bending over backwards to appease Union Carbide, now Dow Chemicals. They are very afraid of creating a negative environment
for international corporations in line to invest in India," believes Rajagopal.
India's Central Bureau of Investigation, the prosecuting agency, recently filed papers to reduce the charges against Anderson, much
to the outrage of activists fighting to bring him to India for trial. But the Bhopal high court judge rejected the CBI papers, reasoning
that Anderson had not applied to any Indian court to dilute the charges against him.
In a 1989 settlement, Union Carbide paid the Indian government $470 million as damages. The amount had scaled down from the $3
billion originally sought. But some victims are still waiting to receive their share of the money.
When a Channel Four reporter from London landed at Anderson's home last week, he found Lillian Anderson on the front lawn.
'It is not Union Carbide's fault,' she told the reporter. 'Union Carbide has been good to them. You just do not understand. We did all
we can.'
When the reporter urged her to answer more questions, she excused herself to prepare for a dinner party that she complained was
'not even catered.'
"This is essentially saying 'we are more concerned about our dinner party than discussing the lives of hundreds and thousands of
people that continue to suffer in the aftermath of the disaster. Leave us alone because we have to go and live our nice life,'" Harrell
said.

The Bhopal Gas Tragedy Continues


An American court absolving UCC of its liabilities for environmental contamination in Bhopal is a travesty of justice

IN YET another blow to the 1984 Bhopal gas tragedy survivors, an American court has ruled that it was Union Carbide India Ltd
(UCIL) and not its parent company, Union Carbide Corporation (UCC), which was responsible for the generation and disposal of the
hazardous waste that has contaminated the citys soil and groundwater.

While delivering his judgment on 26 June, Judge John F Keenan found no evidence indicating that UCIL manufactured pesticides on
UCCs behalf, entered into contracts or other business dealings on UCCs behalf, or otherwise acted in UCCs name. According to
him, UCC and UCIL were separate entities at arms length from each other and UCC exerted no control over UCIL.
Significantly, it was the same court that in May 1986 sent the case for compensation to the Indian courts. At that time, the Indian
government, on behalf of the victims, had filed a suit for $3.3 billion as compensation arguing that since the disaster was a
consequence of decisions taken by the parent corporation, an American court was the appropriate forum.
Aware of the massive compensation awarded in cases of corporate malfeasance by US courts, UCC argued that the case be sent to
India. The US court presided over by Judge Keenan ruled in favour of UCC and sent the case to India. The court is firmly convinced
that the Indian legal system is in a far better position than the American courts to determine the cause of the tragic event and
thereby fix liability, he had said.
In the context of the judgment delivered on 26 June, it would be interesting to see how it matches up with the pronouncements of
the far better placed Indian judiciary on the specific issue of liability of UCC vis--vis that of its Indian subsidiary.

It was the same US court that in May 1986 sent the case for compensation to the
Indian courts

Following Judge Keenans 1986 order, the case for compensation was presented before the Bhopal District Court where Chief Judicial
Magistrate MW Deo directed that UCC will deposit in this court Rs 350 crore for payment of substantial interim compensation and
welfare measures for the gas victims. Significantly, he did not make any pronouncement against UCIL.
UCC appealed against this order before the Madhya Pradesh High Court where Justice SK Seth upheld Judge Deos directions to UCC
but brought down the compensation amount to Rs 250 crore. Judge Seth justified his direction on the grounds that, UCC owned
more than half the stock of UCIL as well as controlled its board of directors and as such was a parent and holding company of UCIL
under Indian law. Thus, it was in fact the defendant UCC that designed, constructed, owned, operated, managed and controlled the
Bhopal plant through its Indian subsidiary.
In response to UCCs contention that it had no control over the running of the Bhopal plant, Judge Seth observed, During 1978-84,
certain vital decisions regarding the fate of the Bhopal plant, including those relating to its sale, lease or dismantling and shipment
to a foreign country, were taken at different stages by the UCC management, sometimes even without reference to the Indian
company, indicating complete control of the defendant UCC over the affairs of the Indian company.
UCC appealed against Justice Seths order in the Supreme Court and it eventually led to a collusive settlement in February 1989 for
$470 million. The court directed that the bulk of the amount $425 million was to come from UCC and the rest from its Indian
subsidiary. In October 1991, the order was modified and criminal charges against UCC and its officials and subsidiaries were
reinstated. When UCC continued to abscond from Indian courts, in April 1992, Chief Judicial Magistrate Gulab Sharma directed that
movable and immovable properties of UCC located in India be attached.
In June 2010, Chief Judicial Magistrate Mohan P Tiwari, in his judgment in the criminal case against UCIL and its officials, remarked,
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.
Reportedly, Union Law Minister Salman Khurshid has refused to comment on Judge Keenans verdict absolving UCC of its liabilities.
The least he could do is point out that between the 1986 and 2012 judgments, only one could be right.

Judgement Fixing in Courts of USA

Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the
system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the
system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.
A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized,
interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them
in an improper way, to the detriment of the system's original purpose.
Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the
United States Constitution.

While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted
to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with
government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".

Shame Shame to Supreme Court of India & Supreme Court of USA


-

Match Fixing in the Supreme Courts of USA & India

The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks
are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA ,
for practicing double standards in enforcement of law & justice.

Double standards of supreme court of India


http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

PIL Appeal & Show Cause Notice to Supreme Court of India


http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india

Double Standard : BP And Bhopal


By Bill Quigley & Alex Tuscano
When President Barak Obama went after BP and demanded a $20 billion dollar fund be set up for victims of the Gulf oil spill, the
people of India were furious. They saw a US double standard. The US demonstrated it values human life within the US more than the
lives of the people of India.
BP should pay $20 billion in compensation, probably even more. The people of India agree with that.
But people are angry because the US is treating the oil spill, called the worst environmental disaster in US history, in a radically
different way than the US treated the explosion of a US-owned pesticide plant in Bhopal India, which some call the worst industrial
disaster in history.
The 1984 Bhopal explosion released tons of toxic chemicals into the air, claimed the lives of between 15,000 and 20,000 people
within two weeks, and disabled hundreds of thousands of others many still suffering from physical damage and genetic defects.
The plant that exploded was operated by Union Carbide India Limited, a corporation owned by Union Carbide of the United States.
The disaster occurred in a thickly populated area close to the central railway station in Bhopal, an urban area of 1.5 million in the
heart of India. Most people in the area lived in shanty huts.
Thousands of dead humans and animals filled the streets of Bhopal. Survivors complain of genetic damage which has caused
widespread birth defects in children and even grandchildren of those exposed.
The soil and water of Bhopal remain toxic with heavy pesticide residue and toxic metals like lead, mercury, arsenic, cadmium and
chromium.
While President Obama displayed outrage at BP officials over the 11 deaths from the US oil spill, the US has refused to extradite
Warren Anderson, the chair of Union Carbide, to face charges for his role in the Bhopal disaster.
Recall too that Obama advisor Larry Summers, then chief economist at the World Bank, stated in an infamous 1971 memo. Just
between you and me, shouldnt the world Bank be encouraging MORE migration of the dirty industries to the Less Developed
Countries?... Ive always thought that under-populated countries in Africa are vastly UNDER-polluted
Obsolete and hazardous industries have been systematically transferred to the third world countries to not only exploit the cheap
labor but also to avoid disastrous impact of these industries on the advanced countries.
Union Carbide put profit for the corporation above the lives and health of millions of people. Dow Chemical, which took over Union
Carbide, is attempting to distance itself from all responsibility.
In India there were two Bhopal developments this month. The Indian government announced a compensation package of $280 million
for Bhopal victims, about $22,000 for each of the families of the deceased according to the BBC, and seven former Indian managers
of the Bhopal plant were given two year jail sentences for their part in the explosion. These legal developments are a mockery of
justice for one of the worlds greatest disasters.
We call on the people of the US and the people of India to join together to demand our governments respect the human rights of all
people, no matter where they live.
Together we must bring about change in corporate development. We have to emphasize social production for the needs of people
and improved social relations.
If we continue to value some lives more than others, and to allow corporations to spoil some areas with impunity, our world will not
last.
Unless we respect the human rights of all people and demand corporations do that as well, we will be damned to live out the Cree
Indian prophecy Only when the last tree from this earth has been cut down, only when the last river has been poisoned, only when
the last fish has been caught, only then will humankind learn that money cannot be eaten.

Bhopal gas tragedy: US court absolves Union Carbide of liability

In a setback to 1984 Bhopal gas tragedy victims, a US court has held that neither Union Carbide nor its former chairman Warren
Anderson were liable for environmental remediation or pollution-related claims at the firm's former chemical plant in Bhopal.
US district judge John Keena in Manhattan dismissed a lawsuit accusing the company of causing soil and water pollution around the
Bhopal plant due to the disaster, and ruled that Union Carbide Corporation (UCC) and Anderson were not liable for remediation or
pollution-related claims.
The court ruled that it was Union Carbide India Ltd, and not its parent company UCC that was responsible for the generation and
disposal of the waste that polluted drinking water, and the liability rests with the state government.
Plaintiffs Janki Bai Sahu and others had alleged that "toxic substances seeped into a ground aquifer, polluting the soil and drinking
water supply in residential communities surrounding the former Bhopal Plant site".
They alleged that exposure to soil and drinking water polluted by hazardous waste produced Union Carbine India Ltd caused
injuries.
"The summary judgement record certainly indicates that UCIL consulted with UCC about its waste disposal plans and on nonenvironmental business matter like its strategic plan. However, nothing in the evidence suggests the necessity of UCC's approval for
the actions about which plaintiffs complain," the court said in its order.
"Moreover, there is no evidence in this extensive record indicating that UCIL manufactured pesticides on UCC's behalf, entered into
contracts or other business dealings on UCC's behalf, or otherwise acted in UCC's name," it said.
The industrial accident, the worst in Indian history, led to the leak of poisonous methyl isocyanate, claiming thousands of lives in
the Madhya Pradesh capital.

Editorial : BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court of India & Supreme Court of USA
Now it is a known fact that Bhopal Gas Leak Case Verdict was FIXED years before , MATCH FIXED by then MP Government Chief
Minister , Indian Prime Minister and most shame fully Chief Justice of India.
Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks
are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for
practicing double standards in enforcement of law & justice.
Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind
PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india
In India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by
the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature ,
Favourable laws are enacted to legalize crimes of rich crooks for example : Illegal land encroachments by rich crooks. The same
MPs , MLAs are not aware about problems of poor public , they dont even open their mouth for asking questions on welfare of poor ,
let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct .
Hereby , e-voice urges the supreme court of india ,
1.
To legally prosecute the jurisdictional police who changed the charge sheet , who let out Main criminal Anderson illegally
without orders from the court.
2.
To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who
fully aided the main accussed , criminal Anderson to escape , to jump law.
3.

To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.

4.
To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the
clause under which Anderson & others were charged.
The Public servants Mps , MLAs , Judges , IAS / IPS officers , Police take thousands of rupees monthly salary , cars , bungalows , 5star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class
air travel , foreign tours , etc all at tax payers expense. After enjoying to the hilt at taxpayers expense , these same public
servants dont serve the public , they serve the rich crooks , anti nationals in their greed for more money.

All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single
piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast this will
open the eyes of honest few in public service police , judiciary & parliament , it is a fond hope. Jai Hind. Vande Mataram.
Yours sincerely,
Nagaraj.M.R.
An appeal to honourable supreme court of USA & HE Honourable president
of USA Mr.Obama
Your government protects all Americans, all American companies both
inside America & abroad. If an American tourist is murdered in a third
country , American investigators fly over to that country to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in Bhopal
India , no action by American government. Still the said American
company has not removed , cleared the accident site of poisonous
debris at Bhopal India since decades and still causing mass man
slaughter , no action by American government why ?
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some US companies are selling
drugs ( which are banned in the USA ) to third world countries , still
us companies are exporting such dangerous medicines , foods to third
countries . no action by US government , why ? is it because you think
that the lives of non Americans are cheaper than Americans ?
Hereby, I do request your kindself ,
1 . to initiate criminal prosecution against US based key management
personnel responsible for Bhopal gas tragedy .
2 . to make either the respective company management or US government
to pay compensation to victims of Bhopal gas tragedy on par with
American lives , as if the same tragedy happened in the USA itself.
3 . to order the management of the said company to clean up Bhopal off
poisonous debris , from the accident site at their own expense.
4 . To legally prosecute US exporters & US based companies selling
products ( which violates US FDA regulations or banned in the USA for
domestic consumption ) to third countries.

Shame! India sold its dead cheap


Shobhan Saxena,
Around 22,000 dead. More than 1,20,000 injured. Rs 1 lakh for each body. Rs 25,000 for every poisoned lung and damaged heart and
blinded eyes. 26 years of long wait. And just 2 years in jail for the men who committed the worst crime against the people of this
country. And this mockery of justice after such a long wait. Twenty six years after 40 tonnes of lethal gas seeped into the lungs of
Bhopal, families of some 17,000 men, women and children are still waiting for the so-called compensation. Thousands more are still
waiting to be accepted as victims. People of Bhopal are still drinking toxic water poisoned by Union Carbide in December 1984. And
the main culprit is living life kingsize in a mansion in New York.
No country sells its people so cheap.
No country sells its poor so cheap.
No country sells its dead so cheap.
Today on the day of Bhopal disaster judgment -- if there is a failed state in the world, its India. Its not Iraq. Its not Somalia. Its
not Sudan. Its India.
India its government, judiciary and corporates accepted the ridiculous amount of $450 million dollars for the people killed and
maimed by methyl isocyanate leaked from the Union Carbide factory in the heart of Bhopal three decades ago. In all these years,
the poor victims have done everything they could to get justice and compensation. They have cried and died on streets, sat hungry
and faced police lathis on roads and filed court cases in the hope that one day they will get justice.
Today, they were denied justice. Today, they were told that they should be happy with the peanuts thrown at them by Union
Carbide. Today, India proved once again that it doesnt care for its poor. Today, it was proved all over again that those who do
politics in the name of poor in this country, always rule for the rich.
What justification does CBI have for not being able to produce Warren Anderson in court. The chairman of UC at the time of the gas
attack (it was not an accident, the gas leak was caused because of cost-cutting steps taken by him) on the people of Bhopal,
Anderson was arrested and later released on bail. He ran off to US in 1986 and we have not been able to find him or ask the US to
extradite Anderson to India. Why? The government says it doesnt know where Anderson is. What a lie. What a shame.

Last year, on a balmy July day, a bunch of victims danced on the streets after hearing news that the Chief Judicial Magistrate of
Bhopal had ordered the CBI to arrest Anderson and produce him before the court without delay. The court also asked the CBI to
explain what steps it had taken since 2002 to enforce the warrant and extradition of Anderson, who was declared an absconder in
1992. Though the CBI and US government failed to track Anderson, supporters of Bhopal victims traced him to the elite New York
neighbourhood of the Hamptons. In 2003, Greenpeace activists paid Anderson a visit at his home and handed him an arrest warrant.
Todays ridiculous judgment in Bhopal didnt say anything on Anderson as he is a proclaimed offender. This status suits him fine
because he doesnt have to bother about coming to India and answer some very crucial questions:
*Why did Union Carbide not apply the same safety standards at its plant in India as it operated at a sister plant in West Virginia, US?
*On the night of the disaster, why did the six safety measures designed to prevent a gas leak fail to function?
*Why was the safety siren, intended to alert the people living close to the factory, turned off?
The victims have always alleged that Bhopal happened because of negligence by the Union Carbide and that was caused by costcutting measures taken by Anderson. Is it because of this reason that Anderson has been 'hiding' in the US?
A criminal has a reason to hide, but what reason does our government have to let a mass murderer like Anderson go scot-free. Is it
because he is an American? Can an American come to India kill people in this country and run away with no consequences? That
seems to be the case. We are still struggling to get a chance to question David Headley Coleman, an American citizen responsible for
the worst terror attack on an Indian city in 2008. Will we succeed in getting Headley extradited to India? No way. Never.
Today, India proved that it doesnt really care for its people, particularly if they have been slaughtered by powerful people from the
most powerful nation in the world. Instead of taking on America and fighting for justice for its poor, India is more than happy to sell
its dead cheap.
Rs 1 lakh for every body. Rs 25,000 for every blinded eye. This is the cost of poor life in a failed state.

Bhopal gas tragedy: 8 found guilty, get bail


BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedy case have been
granted bail and released on submission of a surety of Rs 25,000 by a trial court in Bhopal, according to a Times Now report.
Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to
negligence.
Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court,
said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in
the case.
The Magistrate court in Bhopal on Monday convicted all eight Indians accused in the 1984 Bhopal gas tragedy case. A Rs 500,000 fine
has been imposed on UCIL.
Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases
and deformity - the toll of victims is still rising.
Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the
case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered
down making all sections carry the maximum punishment of 2 years.
The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson
still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.
Anderson: The man who got away in Bhopal gas case
Chidanand Rajgahtta,
Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.
As legal proceedings in the Bhopal gas tragedy meanders on, its torturous path over 26 years a travesty of justice to many, two
principals associated with the disaster have faded from sight even as newer culprits in most recent outrages (BP oil spill and
Mumbai's 26/11 massacre) are in the spotlight.
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly
owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his
retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in
Long Island, New York.
Both have washed their hands off the Bhopal disaster. Union Carbide says its officials were not part of this case since the charges
were divided long ago into a separate case. "Furthermore, Union Carbide and its officials are not subject to the jurisdiction of the
Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide
India Ltd, (UCIL)" a spokesman for the company told Wall Street Journal.
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its
employees and all those convicted are the "appropriate people from UCIL officers and those who actually ran the plant on a daily
basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their
families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the

Indian government," the spokesman added.


Anderson isn't talking. He hasn't spoken on record on the subject for nearly two decades. Now nearing 90, he lives with his wife
Lillian in a million-dollar home in the swish Long Island neighbourhood of Bridgehampton, avoiding social contact and hiding from
the media and activists who have struggled long to bring him to justice.
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and
pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the
Bhopal disaster (even though Harrell hadn't mentioned anything about the disaster).
Bhopal gas case: SC shot down move to slap tough charges
Dhananjay Mahapatra ,
NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose
collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II
of IPC that attracts a maximum jail term of 10 years was set aside by the Supreme Court itself on September 13, 1996.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential
danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared
common criminal knowledge about potential danger of escape of the lethal gas MIC both on account of the defective plant
which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by
the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material
pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable
homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at
least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI
tracked down Altaf Ahmed in Dubai. Ahmed expressed disappointment, not with the trial court verdict but with the SC's 1996
judgment.
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not
justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page
judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a
rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that
necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.
END 25 YEARS OF INJUSTICE TO PEOPLE OF BHOPAL
Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbides pesticide plant in
Bhopal, central India. Around half a million people were exposed.
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation both medical care and measures to
address the socio-economic effects of the leak have fallen way short
of what is needed.
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at Bhopal and efforts by survivors organizations to use the Indian
and US court systems to see justice done and gain adequate redress
have so far been unsuccessful.
Bhopal is not just a human rights tragedy from the last century it
is a human rights travesty today. The legacy of Bhopal persists
because the people of Bhopal have never been able to claim their
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gasexposed families.
For 25 years the Indian government has failed the people of Bhopal.
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at Bhopal. Dow Chemicals, which now owns Union Carbide, must
cooperate fully with the Indian government and the courts in India to
ensure justice is done and the site is fully cleaned up.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India
At the first instance the Government of India failed to ensure that

Union carbide India Limited (U.C.I.L) has installed proper safety


measures and fully implemented it in practice, at it's plant in
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984,
when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took- away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim'sgas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminalsU.C.C&UCIL. Are not the supreme court of India & Government of India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in Maharashtra, India through it's
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which tookover U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to goon foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India.

They do sign numerous agreements, only favouring MNC. When tragedies


occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?

Bhopal gas case: ex-CBI men, Moily fight verbal war as Warren Anderson goes scot-free

New Delhi: Bhopal gas tragedy prime accused Warren Andersons failed extradition has kicked off a war of words between former CBI
investigators and the law minister.
You may also want to see

India trying for Anderson's extradition: Pranab Mukherjee

Set up independent probe on Bhopal, ministerial group will not do: CPI(M)

Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game

BJP for JPC probe into 'misuse' of CBI

BJP demands Anderson escape order from Congress

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Officers who probed the case but have now retired claim their hands were tied by government missives directing CBI not to pursue
Andersons extradition.
In fact, the government had committed to the US that Anderson would not be arrested during his visit to Bhopal in the aftermath of
the tragedy. Accordingly, he was allowed to return.
Former CBI joint director BR Lall, who briefly investigated the case, recalls receiving a letter from the ministry of external affairs to
not pursue Andersons extradition.
I distinctly remember receiving a routine letter which said Warren Andersons extradition may not be pursued. Normally, directions
are not received through letters. It was a rare case, he told DNA, making a case for greater autonomy to CBI.
We [CBI] had responded to the letter that investigations required [Andersons] extradition, Lall said.
His boss, former CBI jointdirector Joginder Singh, said there was little the agency could have done.
CBI did its best to investigate the case fairly and push for Andersons extradition. But our hands were tied. In 1996, we got a major
blow when the Supreme Court deleted criminal sections from the case.
The CBI charge sheet mentioned section 304 IPC (culpable homicide with a maximum punishment of 10 years). However, the charges
were watered down to 304 (a) (death due to negligence), usually used in cases of road accidents.
With such a mild section, it is impossible to get an extradition anywhere. The moment 304 was quashed, half the case was lost,
Singh said.
Law minister Veerappa Moily refuted the allegations. Reacting sharply to Lalls claims, he said, After retirement people can give
many statements. It is an irresponsible statement. This is not done at all. I think we need to do something to deal with such people
who fail to discharge their duty and after retirement, try to become heroes or martyrs of the situation.

New Delhi: A former senior CBI official, involved in the Bhopal gas leak case investigations, today claimed that the probe was
"influenced", generating a strong reaction from law minister M Veerappa Moily who termed the remarks as "irresponsible."
You may also want to see

India trying for Anderson's extradition: Pranab Mukherjee

Set up independent probe on Bhopal, ministerial group will not do: CPI(M)

Bhopal gas tragedy: Justice Ahmadi refuses to join the blame game

BJP for JPC probe into 'misuse' of CBI

BJP demands Anderson escape order from Congress

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The officer, BR Lall, former joint director of the agency and in-charge of the probe also said he was forced by the ministry of
external affairs officials not to follow extradition of Warren Anderson, the CEO of Union Carbide Corporation when the gas leak took
place 26 years ago.
"CBI investigation was influenced and commanded by some officials, as a result the justice in the Bhopal Gas leakage case got
delayed, hence, denied," said Lall, the CBI officer in charge of the investigation from April 1994 to July 1995.
However, Moily, while reacting to Lall's claim said, "After retirement, people can give many statement. It is an irresponsible
statement. This is not done at all. After retirement, people become martyrs by making such statements."
Claiming that CBI was an "under command" organisation, Lall said, "We need to make it free from government control to
ensure transparency and fair probe. In other countries, all chief investigating agencies have been given autonomy by keeping it out
of the control of the judiciary, bureaucracy and executive powers."
The charges by Lall came hours after a local court in Bhopal yesterday convicted former Union Carbide, India, chairman Keshub
Mahindra and seven others for the world's worst industrial disaster, that left more than 15,000 dead on the intervening night of
December 2-3 in 1984.
"I was told by the ministry of external affairs officials not to follow the extradition of Warren Anderson, which affected the CBI
probe," Lall, who is now retired, further claimed.
After registering a case, CBI had filed its chargesheet under Section 304 IPC, which amounts to culpable homicide with maximum
punishment of 10 years. However, the charges were later watered down to 304 (a), usually used in road accidents.
"I do not know what circumstances and evidences forced CBI or others involved in the proceedings to lower the section," he said.
However, MEA sources maintained that "in 2003, a request for extradition of Anderson was made to the US side under India-US
bilateral extradition treaty. This request has already been reiterated on more than one occasion."
Anderson, 89, the then chairman of Union Carbide Corporation of USA, who lives in the United States, appeared to have gone scotfree for the present as he is still an absconder and did not subject himself to trial. There was no word about him in the judgement
of the Bhopal court.

Anderson flew in, out of Bhopal in state govt's plane: Capt SH Ali

New Delhi: Claims that Union Carbide CEO Warren Anderson had flown in and out of Bhopal in a state government plane was today
strengthened by the aircraft's pilot.

''We got flight information from the then Director of Aviation R S Sodhi for a flight from Bhopal to Delhi and were told to keep the
aircraft, a state government plane, ready,'' Captain Syed Hasan Ali claimed in an interview to a news channel.
Bhopal Gas: Centre reconstitutes GoM, MP govt to file appeal
He added that Anderson's identity was kept a secret from him. ''We did not know who he was,'' he said.
Capt Ali further claimed that Anderson was alone in the aircraft and looked upset and tired. ''As we waited for him, he came with
the then SP and the District Magistrate of Bhopal. When we landed in Delhi, an ambassador picked him up from next to the plane
and I left him with the airport manager,'' he claimed.
Anderson case not closed, he slipped because of CBI: Moily
Capt Sodhi, seconding the pilot's claims, said it was on orders of Arjun Singh government that Anderson was allowed to fly.
''I had received a call from the office of the then Chief Minister, Arjun Singh, ordering to arrange Anderson's departure on December
7, 1984,'' Captain R S Sodhi claimed in an interview to a news channel today.
Eight held guilty for Bhopal gas tragedy, get two years in jail
He alleged Anderson, a few hours after he came to know about his charges with culpable homicide, reached the airport where the
Chief Minister's official plane stood waiting for him, along with senior bureaucrats and police officers.
The city's Superintendent of Police and the district magistrate, Moti Singh, waved to Anderson as he boarded Singh's plane, he said.
Earlier, Moti Singh had also alleged that the then Chief Secretary of the state had called him to his room and told him to arrange for
the flight of Anderson out of Bhopal.
''The then chairman Keshub Mahindra and UCIL's then managing director Vijay Gokhale after landing in Bhopal were taken into
custody at the airport itself but soon after that, he and the district police chief were told by the Chief Secretary to get the US
citizen released on bail and send him to Delhi by plane,'' he said.

Bhopal gas tragedy : 'Rajiv Gandhi' helped Warren Anderson escape?

Courtesy : CNN-IBN. Warren Anderson, former chairman of the American parent company
Union Carbide Corp responsible for the 1984 Bhopal gas tragedy, got out of India on the
governments order.
Moti Singh, who was the District Collector of Bhopal at the time of gas leak from the
Union Carbide plant, said this to CNN-IBN on Wednesday.
He alleged Brahm Swaroop, Chief Secretary of Madhya Pradesh at the time, called him
and the Superintendent of Police (SP) personally and asked him to release Anderson.
Anderson was arrested on December 7 but he was released the same day and flew out of
Bhopal in a state government plane to New Delhi, said Singh. SeveralUnion Carbide
officials were arrested on December 7 and kept at the company guesthouse after the gas
leak on December 1, which was declared a temporary police station.
"At around 2 pm in the afternoon the Chief Secretary summoned me to his chamber in
the Secretariat. We went there -- he (Chief Secretary) said Mr Anderson was to be
released and sent to Delhi by plane which was awaiting him at the airport. We did legal
formalities and Anderson was released on bail. He was put on the plane and he went to
Delhi, said Singh.
The former official said he was never given reasons why Anderson was being released.
Singh claimed Anderson wanted to visited areas affected by the gas leak but he was told
there was a threat to his life.
"He was reluctant to leave immediately. He said he wanted to see the affected areas and
meet the people. I told him he was not welcome in Bhopal and that there was risk to his
life and in no case he could be allowed to go to the affected areas.
The former district collector claimed Anderson seemed casual and showed symptoms of
arrogance but toned down when he was told that he was being released.
Singh recalls Anderson briefed him on how the deadly methyl isocyanate (MIC) gas "leaks,
how it works and what wind direction it will take. Singh says Andersons information
tallied with what was happening in the city.
Anderson was charged with culpable homicide not amounting to murder, grievous assault
and killing and poisoning human beings and animals due to leakage of the MIC gas from
theUnion Carbide's pesticide plant in Bhopal.
A Bhopal trial court on Monday convicted eight Indian officials of Union Carbide for their
criminal negligence that triggered the world's worst industrial disaster, but Anderson was
not mentioned in the judgment.

Law Minister Veerappa Moily on Tuesday told CNN-IBN the case against Anderson was
not closed and blamed a former Central Bureau of Investigation officer, who had
investigated the gas leak, of not pressing for the Americans extradition.

Bhopal gas tragedy : Warren Anderson released after deleting a 'charge'

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others
on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested
Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984
in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284
(negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other
animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted, Anderson may not have been able to leave India," they said.
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme
Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union
Carbide plant on the intervening night of December 2-3, 1984.
Date : June 11th, 2010. News by Newsofap.com

Bhopal gas tragedy: Justice Ahmadi offers resignation

Bhopal: Former Supreme Court Chief Justice AH Ahmadi, facing flak for the 1996 verdict in the Bhopal gas tragedy case, has offered
to resign from the post of Bhopal Memorial Hospital Trust chairman.
Speaking to a daily, the former CJI said, I will send a fresh application to the new Chief Justice of India asking to be relieved of the
responsibility, though my previous application was pending with former CJI KG Balakrishnan.
Justifying his stand, Ahmadi said that he had not committed any impropriety by agreeing to head a multi-million dollar trust set up
by the Union Carbide after the gas leak.

Justice Ahmadi, who headed the bench in 1996 that converted the CBI charge under the stringent provisions of 304-II that provided
for maximum of 10-year imprisonment to Section with two-year maximum imprisonment, said it was easy for people to talk and
make allegations but judges have to work as per the system.
A two-judge bench headed by then CJI Ahmadi reduced the charge of culpable homicide not amounting to murder to causing death
by negligence.
Giving his clarifications on the judgment, Justice Ahmadi rejected criticism of dilution of charge
against Union Carbide executives in Bhopal gas tragedy case, saying in criminal law there was no
concept of vicarious liability.
He also lamented the lack of a law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate
punishment.
Few days back, an organisation of Bhopal gas victims disputed Justice Ahmadi's claim that no one had filed a review petition after
the Supreme Court dropped charges of culpable homicide against the accused in the case.

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"Our organisation had filed a review petition but that was dismissed in 1996 by the Supreme Court, which was then headed by
Ahmadi himself," the convenor of Bhopal Gas Peedit Mahila Udyog Sangthan, Abdul Jabbar had said.
As the guilty had not been charged under Section 304 of IPC (culpable homicide not amounting to murder), they were let off with
imprisonment of only two years each, Jabbar claimed.
Justice Ahmadi, who had delivered the Bhopal gas tragedy case verdict in on June 09 1996, said he could not recollect whether a
review petition was filed. However, he had earlier stated in a television interview that no review petition was filed.
Since retirement, Ahmadi has been presiding over Bhopal Memorial Hospital Trust that runs a 350-bed superspeciality hospital. The
trust was set up by Union Carbide.
A total of Rs 600 crore has gone into the trust, but its accounts are not in the public domain. The trust deed mandates that an SC
judge should be its chairman and Ahmadi has been at its helm since retirement.

Man Who Warned of Bhopal Gas Leak

Congress spokesman Satyvrat Chaturvedi has defended former prime minister Rajiv Gandhi [Images ] whose role in letting the guilty
in the Bhopal gas tragedy get off lightly is under the scanner due to the public outcry over the recent judgment in the case -- 26
years after the event. On the night of 2/3 December, 1984, when deadly gas leaked from the Union Carbide plant in Bhopal, Arjun
Singh [ Images ] was chief minister of Madhya Pradesh [ Images ] and Gandhi was the prime minister of India [ Images ].
In the first few years after the tragedy, tremendous pressure was put up by the American corporate lobby and the government on
India to save the US-based Union Carbide, the parent company, from civil and criminal liability.
As a result, at every little step, the law could not provide justice to the over 15,000 who died due to the gas leak. More than five
lakh victims who suffered chronic diseases are struggling and pleading for help, even now.
The June 7 judgment of a local court in Bhopal, sentencing the convicted officials of the Indian arm of Union Carbide to a mere twoyear sentence, has made the entire nation feel small and impotent before the might of the multinational corporations, the sluggish
Indian justice system and its spineless political establishment.
The entire Bhopal saga was witnessed from close quarters by Rajkumar Keswani, an outstanding journalist, who had in fact foreseen
this catastrophe. His work proves that the tragedy of Bhopal started much before December 3, 1984.
Two years before the Union Carbide factory leaked killer gas, he wrote in a weekly magazine called Rapat (news):
'Bhopal jwalamukhi ki kagaar par (Bhopal on the edge of a volcano)'.
Keswani has witnessed the entire saga of deception of the victims of Bhopal by the Indian and American governments and
multinational corporations. He shares his agony in a telephonic interview with rediff.com's Sheela Bhatt.
You have been following the Bhopal gas leak case for 25 years. What was your first reaction on hearing the verdict on June 7?
I had no expectations on that day. The seed of this judgment was sown when a Supreme Court bench headed by then Chief Justice of
India, A H Ahmadi, passed a judgment in 1996 that converted section 304 (II) (culpable homicide not amounting to murder) of the
Indian penal code to 304-A (causing death by negligence) to try the case. In 1996 we knew the fate of the Bhopal gas case. He
diluted the charges filed against Union Carbide. What happened was the culmination of injustice that started with that judgment.
Was there a design behind this?
I can't say how it was done. But surely there was some design. Eventually, after retirement, Justice Ahmadi became the lifetime
chairman of the Bhopal Memorial Hospital Trust and Research Centre which has funds worth millions of rupees. Those millions, paid
by Union Carbide for the poor victims, are under his control even now.
The dilution of charges helped (UCC chairman) Warren Anderson and Union Carbide in a big way, right?
When we talk about Union Carbide and Anderson, we must remember that they have never ever been subject to Indian laws. They
have never appeared before an Indian court, nor have they lost anything due to Bhopal or benefited by the June 7 judgment. Our
country's system gave them eternal protection from any legal proceedings. There was no serious attempt at all to bring Anderson to
this country in the last 25 years.
Can you tell us what kind of evidence you had against the US-based Union Carbide Corporation, parent company of Union Carbide
India?
I started working on this story in 1981. That was the time when my friend Mohammad Asharaf was working in Union Carbide India
Limited. He died due to exposure to phosgene gas. I had an idea that some hazardous chemicals are being used in the Bhopal
factory. I reported on his death and then worked for nine months on knowing about the factory. I reported my first story in
September 1982. In October that year I ran a series and wrote weekly reports against Union Carbide and the possibility of risk to
human lives due to the chemicals in the plant. People treated me like a crazy man. They used to tell me, 'Arre aisa kabhi hota hai
kya? Aisa kabhi hua hai kya is duniya mein?' (Do things like this happen? Have such things happened anywhere in the world?)

People in government, who were in the know of things, were hand in glove with the management of Union Carbide. They would trust
Union Carbide more than anything else. Union Carbide was the only multinational at that time in a small city like Bhopal. Their
reputation was such that it was difficult for anyone to believe that they could be negligent. It was very disappointing for me.
But what kind of evidence did you have against UCC of the US?
In 1982, an audit team had visited Union Carbide in Bhopal. They had inspected the plant and said that certain safety measures must
be taken, otherwise there could be a gas leak. I printed the report of the visit of the audit team and their observations
in Jansatta before the 1984 gas leak.
At 15 places in that report, they had written that safety measures are not proper and it could have a 'runaway' reaction. So the plant
had problems before the leak in 1984. There is enough proof. Second, UCC, USA said they were not involved in the day to day
running of the plant so they could not be made responsible. There are telex messages as proof which shows that the company in USA
was totally involved in all the decisions of the company in Bhopal. They were sending instructions to Bhopal.
UCC India had a works manager named J Mukund (one of the accused who was convicted on June 7). He had sent a message asking
for advice about coating the pipes. The US-based parent company sent him a message saying that the best material for piping would
be too expensive and too difficult to acquire. How can UCC, USA escape their responsibility when they were advising Bhopal to
economise on safety measures? They were telling Bhopal to use cheaper material. They were advising it to compromise on safety.
Mukund's message was sent on August 27, 1984. Just a few weeks before the fateful leak.
Do you have the copies of those telex exchanges?
Yes.
Justice Ahmadi, when he diluted the charges against the company, didn't see these telex messages?
He saw what he wanted to see. Actually, there was a review petition of his order but he rejected it. We had sent messages to all the
members of Parliament at that time to press for a review of the dilution of charges against the company. There are hundreds of
documents that suggest that the parent company was involved in the running of the Bhopal company and they were aware of the
problems in the plant. I submitted all of it in a US court too.
In 1982, I had documents to prove that safety measures in the plant were faulty. I managed to raise the Union Carbide plant issue in
the MP assembly. The government denied any such threat, it is on record. The government denied my report and said there is a foolproof system in the factory and there is nothing to worry about. The government said all these things in defence of Union Carbide
in December 1982! I wrote to the Chief Justice of India in 1982 to intervene in the Bhopal factory. Nobody cared. I got no response.
Who played the bigger game in the Bhopal 'cover-up'?
Union Carbide Corporation, USA, played the game with the help of the Government of India and the government of Madhya Pradesh.
If you find out how the settlement of 1989 was reached, you will know what I am saying is correct. The settlement was done with
the Supreme Court's sanction. Carbide agreed to pay Rs 705 crore and the Government of India agreed to drop all civil and criminal
cases against Union Carbide, which was later challenged in the court. Who did this? It was Rajiv Gandhi who made this settlement
possible. It was the ultimate shame that the Government of India accepted money for the victims to quash criminal proceedings
against UCC.
I challenged it in the court with the help of Indira Jaising, my lawyer. Only after that petition was the criminal case revived in June
1989. Anyone can understand what the role of the Government of India has been in helping victims.
It's very intriguing to see that after the Bhopal tragedy innumerable NGOs, from stalwarts like Indira Jaising to hundreds of local
community leaders, fought for the victims but nothing came out of it. Why such a total failure?
This is a very serious question. I am also worried about it. I don't know if I should say anything on it.
But so much has been done by the foot soldiers of civil society. All over the world the victims have sympathisers. Still justice was not
done. Why?
These are voices only. In society today only a loud bang is heard. That can be done by the television media. If the people would have
reacted in a similar manner in 1996 to Justice Ahmadi's decision, the Bhopal verdict would have been different.
How do you look at the Bhopal judgment?
I think the judge in his wisdom has not spoken much on (UC India chairman) Keshub Mahindra's role. We have a grouse against it. It
should be challenged. The Indian managers were equally responsible.
In Bhopal, during these 26 years, has Keshub Mahindra ever said sorry?
No. Rather, they have been manipulating the case. I have evidence to say so.
Who are the guilty men of Bhopal?
There is Union Carbide Company who compromised safety for profit. There was the Indian government who could not withstand the
might of the multinationals. The cause of the tragedy was Union Carbide, but the injustice was due to the slow process of the
judiciary and the Central Bureau of Investigation. The investigating agency became a partner in crime.
Who helped Anderson? Who executed the operation to get him out of India on December 7, 1984?
The American government and the US embassy put pressure on the Indian government. They put pressure on the Prime Minister's
Office. Rajiv Gandhi, reportedly, asked Arun Singh to ensure Anderson's release. Chief Minister Arjun Singh didn't convey to New
Delhi [ Images ] the popular sentiments on the ground in Bhopal.
We reported these things then. We have no recordings of it now but we reported though our sources.

You are fighting since 26 years but now you see all around that people are reacting sensitively. There is a feeling of anguish and
frustration. How do you see the new-found interest in the Bhopal case?
This is due to the new media and the images on television. Yeh TV ka kamal hai. These days, we are dictated by images on TV. They
make us cry and they make us laugh. It is good, and even bad sometimes. In the case of Bhopal tragedy it is good that TV is shaking
our memories.

Police released Anderson after 'deleting' stringent charge

Three days after the Bhopal gas tragedy, the police here had released the then Union Carbide CEO Warren Anderson and two others
on bail by "deleting" in the complaint a stringent charge under the IPC against them, trial court sources said today.
A perusal of court documents shows that the in-charge of the Hanuman Ganj Police Station, Surender Singh, had initially arrested
Anderson, then UCIL chairman Keshub Mahindra and senior company official Vijay Prakash Gokhale at 10.10 AM on December 7,1984
in the presence of one Rakesh Kumar under various sections of IPC including 304 (culpable homicide not amounting to murder).
They were also charged with sections 304 A (causing death by negligence), 278 (making atmosphere noxious to health), 284
(negligent conduct with respect to poisonous substance), 426 (mischief) and 429 (mischief by killing or maiming cattle, other
animals).
Later, the police released the three, "deleting" the charge against them under Section 304, they said.
The sources said that police had no right to delete such a charge and in doing so they had exceeded their brief.
"If the charge had not been deleted, Anderson may not have been able to leave India," they said.
The CBI had later booked Mahindra and Gokhale under Section 304 which provides for prison term of 10 years. However, the Supreme
Court had dropped the stringent section in the case.
Over 15,000 people were killed and thousands of others maimed when the deadly methyl isocyanate (MIC) gas leaked from the Union
Carbide plant on the intervening night of December 2-3, 1984.
MP CM seeks explanation from Arjun Singh on how Anderson fled
New Delhi: Madhya Pradesh Chief Minister Shivraj Singh Chouhan on Friday said that his government will go to any extent to get
justice for Bhopal gas victims and demanded an explanation from then Chief Minister Arjun Singh on how former Union Carbide CEO
Warren Anderson fled the country.
"We will go to any extent to get justice for the victims...This is not an issue of Bhopal or the state. It should act as an example of
how to give punishment in such cases," he told reporters here.
Noting that the people of the state felt "let down" following the gas tragedy verdict, Chouhan said he has written to Arjun Singh and
asked for a reply on the circumstances that led to Anderson's escape.
"Let Arjun Singh explain it. Whether he did it (gave permission for providing state aircraft) himself or anybody told him to do so. We
want a reply from him if a wrong direction was given. And after all, why such a direction was given.
"There are lot many questions like why the CBI filed no appeal when the charges in the case were diluted in 1997. If he gives a
statement, things would be clear. The state and the country want to know these circumstances," he said.
Chouhan said a five-member team of legal experts has been set up by the state government to look into the issue and examine what
could be done legally to get Bhopal gas victims justice. The interim report of the team would be out in the next ten days, he said.
Asked about the conflicting statements of Congress leaders like Digvijay Singh and Satyavrat Chaturvedi on Anderson fleeing the
country, Chouhan said he did not want to politicise the issue but added that this was only leading to confusion.
"Somebody is saying the Centre is responsible while somebody else says the issues comes under the state. Different people are
speaking in different voices...One wants to protect somebody while the other wants to trap someone else.
"This is leading to confusion... Arjun Singh should speak the truth. What other Congress leaders are speaking is only bringing out the
contradictions within the Congress party," he said.
He said that his government is open to all options and will decide after the committee report on whether to constitute a probe
commission go into the lapses or take up the issue with US courts.

CBI failed to act on warrant against Anderson last year


Bhopal: The trial court in the Bhopal gas tragedy case had issued an arrest warrant against former Union Carbide CEO Warren
Anderson last year but the CBI had failed to give any written response to it, according to court sources.
They said the warrant, the second against Anderson, was issued by Chief Judicial Magistrate Mohan P Tiwari on July 2, 2009 but the
CBI did not give any written response to it.
Anderson was the chairman of the Union Carbide Corporation (UCC) at the time of the disaster in December 1984 which left over
15,000 people dead.

Instead, they said, a CBI official met Tiwari and orally conveyed to him that for the agency, Anderson's case had been closed.
The first court warrant against Anderson was issued in 1992.
Direction to release Anderson must have come from CM: Ex HS
New Delhi: Former Madhya Pradesh Home Secretary K S Sharma on Friday said that the then Chief Minister Arjun Singh may have
given directions to officials to release former Union Carbide chief Warren Anderson.
Sharma, who was the Home Secretary when the Bhopal gas tragedy took place, said the pressure to release Anderson must have
come from the Chief Minister as "no officer would take such a step without direct instructions from the government".
"Right from the beginning there had been some soft approach towards the whole thing otherwise he (Anderson) would have not been
kept in a guest house when he was in custody. Releasing an accused of such a heinous crime on the same day means there was a
tremendous pressure," he said.
"...It is difficult to say from where this pressure came but certainly the pressure from Chief Minister on officials must have been
there because no officer would take such a step without direct instructions from government."
Sharma claimed despite being the Home Secretary he was not kept in the loop and "not informed about Anderson's release."
To a question whether there was pressure on Arjun Singh, he said: "This is not known to me whether there was some pressure on
Arjun Singh or not...I did not discuss with Chief Minister Arjun Singh. I really do not know.
"But he certainly gave (some) instructions because the Collector had said the Chief Secretary told him. The Chief Secretary should
not have told him. The Chief Secretary should not have passed on these instructions without very strong instructions from the Chief
Minister," he said.
He also questioned the Government's decision to keep Anderson in a guest house after his arrest and termed the grant of bail to him
as illegal.
"It is certainly unusual. Although in a few cases it does happen but it is when the offence is not heinous and the person is
respectable. But so far as this case is concerned, 15,000 persons have died and keeping accused in rest house was certainly, I would
say, very unfortunate and shouldn't have been done," Sharma said.
"When the case, which was registered under Section 304 which is a non-bailable cognisable offence in which the bail can only be
granted by Sessions court after the discussions and arguments by both sides. Therefore the grant of bail in my view was illegal," the
former bureaucrat said.
"In a high profile case, in which so many persons died and somebody who had come from the US has been arrested and if he has been
released same day on bail, not informing me or not keeping me in the loop, not consulting me was certainly not normal. In such
cases the Home Secretary is always consulted."
Sharma said the then Bhopal Superintendent of Police had informed him about Anderson's arrest and he was not aware that he was
released on bail.
"Whether there was pressure or not, I am not aware because till his release I was not in the loop. I was not consulted at all. So I
have absolutely no information whether there was pressure to release," Sharma said.
Congress denies Rajiv had a role in Anderson escape
New Delhi: The Congress party on Friday strongly rejected a former prime ministerial aide P.C. Alexander's indication that the then
prime minister Rajiv Gandhi had helped Warren Anderson, the CEO of Union Carbide Corp in 1984, escape from the country within
days of Bhopal gas tragedy.
Alexander reportedly stated that Gandhi and then Madhya Pradesh chief minister Arjun Singh were directly in touch with each other
over the escape of Anderson from the country barely days after the world's biggest industrial disaster in Bhopal Dec 2-3, 1984.
Congress spokesperson Jayanti Natarajan said there "is nothing unusual" in a prime minister and a chief minister being in constant
touch with each other.
She said the Group of Ministers for Bhopal gas tragedy would "gather all information and put it before the people".

Saving Democracy From The Corporate Veil


By Gopal Krishna
Five things the US should do to quell the global outrage after the recent verdict in the Bhopal gas leak case and provide some
justice to the victims
The labour pains for giving birth to an understanding of a trans-national corporation, the scope of its civil and criminal liability, its
corporate veil and the chemical disaster of Bhopal is still far from over. By now it is clear that unless US government decides to act
no one else can get to the bottom of the most complex industrial catastrophe known to mankind in the 20th century. Without the
helpful intervention by the US President Barack Obama, the litigation process will never be able to provide justice to the victims and
penalise the natural and artificial culprits.

As democracies, like Indian government, is it time for US government too to act as parens patriae (guardian) for the past, present
and future victims of Bhopal in particular and for justice seeking people of the world. The parens patriae doctrine which was
deemed as a pioneering innovation in jurisprudence was invoked for the protection of all victims of disaster but was sabotaged.
While government of India enacted itself as parens patriae, Dow Chemicals Company (after Union Carbide's merger in 2001) and its
agent in the government have enacted for themselves a similar role for the global community of the trans-national corporations
against justice seeking victims.
The global outrage against such sabotage stage-managed under the guidance of US government that has become evident in the
aftermath of the June 7 verdict merits President Obama's intervention to set matters right. Taking recourse to judicial escapism
instead of acting to evolve a jurisprudence of liability for corporations gravely endangers people's trust in democracy everywhere.
The deafening silence of the US president and legislature to ensure justice to the victims of corporation engineered mass disaster if
not broken would constitute "yet another instance of American imperialism" in the words of US Judge Keenan who heard the Bhopal
case in New York district court.
Unaccountable and ungovernable corporations are a threat to all the democracies. If democracy in US and India is indeed nonnegotiable, it merits global efforts to Dow Chemicals and Warren Anderson accountable. This is required to fix the liability of a
trans-national corporation. In a historic and touching "extraordinary act a foreign sovereign government seeking justice in an
American court", India had appealed to the democratic judicial system of US for relief in the matter of industrial disaster of Bhopal
caused by a US multinational corporation. How democratic governments of US and India respond to provide legal remedy sets a
precedent that either legitimises or delegitamises its very existence.
The government of India filed a suit on September 5, 1986 for damages in the court of district judge, Bhopal (Regular Civil Suit N.
113/86) against the US company, Union Carbide Corporation, Connecticut, USA on behalf of all the persons, who have suffered
damages due to Bhopal gas leak disaster praying for "a decree for punitive damages in an amount sufficient to deter the defendant
Union Carbide and other multinational corporations involved in similar business activities from willful, malicious and wanton
disregard of the rights and safety of citizens of India." The Indian government noted in its reply in the court that Union Carbide's
management policies, states that "it is the general policy of the corporation to secure and maintain effective management control of
an affiliate."
If the US is indeed a democratic state, its constitution is still alive then it must make corporations like Dow Chemicals and British
Petroleum liable and accountable for their acts of omission and commission. The following steps are required in US towards that
end:
1. The US government should accept the above submission of the government of India that "the corporation and its subsidiaries are
treated as a unit, without regard to the location of responsibility within that unit". Consequently, an illegal act by it be deemed as
the act of the corporation, without consideration to its location of responsibility. The customary alibi of corporations like Dow
Chemicals is an act in sophistry designed to conceal fact of crime and criminals of the upper-world. The US government should
disclose all the trade secrets of the Union Carbide Corporation and its research and development centre that Union Carbide
operated in Bhopal since 1976 that was suspected to be experimenting with wartime use of chemicals. This suspicion regarding the
disaster being a consequence of experimenting with war time chemicals is yet to be probed. US government should undertake and
facilitate such probe.
2. The US government must take note of the verdict by the chief judicial magistrate, Bhopal, wherein it is stated, "Warren Anderson,
UCC USA and UCC Kowlnn Hong Kong are still absconding and therefore, every part of this case (criminal file) is kept intact along
with the exhibited and un-exhibited documents and the property related to this case, in safe custody, till their appearance". In the
interest of justice for the Bhopal victims, the US government should expedite the process of extraditing Anderson at the earliest.
3. Dow Chemicals Company has set aside $2.2 billion to address future asbestos-related liabilities arising out of the Union Carbide
acquisition. How is that Dow Chemicals can take the asbestos liability of Union Carbide and not the liability for the industrial
catastrophe in Bhopal? The US government should volunteer its assistance in ascertaining the Bhopal disaster's inherited liability of
Dow Chemicals Company.
4. The US government should promote acceptance of the resolution of UN Sub-Commission on the Promotion and Protection of
Human Rights that approved the 'UN norms on the responsibilities of transnational corporations and other business enterprises with

regard to human rights' as a step towards ensuring corporate accountability. Article 18 of the norms called on trans-national
corporations and other business enterprises to make reparations for damage done through their failure to meet the standards
spelled out: "Transnational corporations and other business enterprises shall provide prompt, effective and adequate reparation to
those persons, entities and communities that have been adversely affected by failures to comply with these norms through, inter
alia, reparations, restitution, compensation and rehabilitation for any damage done or property taken. In connection with
determining damages, in regard to criminal sanctions, and in all other respects, these norms shall be applied by national courts
and/or international tribunals, pursuant to national and international law."
5. In memory of victims of Bhopal, the US and Indian governments should call for a mandatory regime for regulating trans-national
corporations unlike UN's voluntary global compact and reject the report of the United Nations Secretary-General's Special
Representative for Business and Human Rights wherein it underlined the need for voluntary regulation and self compliance by the
companies saying, "While corporations may be considered organs of society, they are specialised economic organs, not democratic
public interest institutions.
If there is one lesson that democracies across the world have clearly not learnt from industrial disasters, it is to ascertain the nature
of all the genocidal acts of corporations and the very legal design of the corporation so as to make it genuinely governable by
democratic legislatures. A befitting tribute to victims of Bhopal lies in learning this lesson in order to prevent future industrial
warfare that irreparably undermines intergenerational equity.

INDIA: Obama administration official supports corporate interests over victims of world's worst industrial disaster
Deputy National Security Advisor Froman reveals administrations double standards on corporate accountability for victims of Bhopal
Gas Disaster
At a time when the world is focused on corporate accountability in the wake of the BP's Gulf Oil Spill, a leaked email from the
Obama administration shows that it values profit over people, when the profit benefits American corporations. The victims of the
worlds worst industrial disaster were disappointed to see today that the White House is not pursuing the same levels of
accountability from American Dow Chemical as it has from BP. When Dow purchased Union Carbide in 2001, the corporation acquired
outstanding liability for the ongoing disaster in Bhopal, which has led to the deaths of an estimated 25,000 people
in Bhopal, India following the 1984 Gas Disaster.
Today, Mumbai-based Times Now published an email chain between White House Deputy National Security Advisor Michael Froman,
and Indian Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia. In response to an Ahluwalias email requesting
assistance as India faces a sharp restriction in the World Banks lending, Froman replied:
"We are aware of this issue and we will look into it. We are hearing a lot of noise about the Dow Chemical issue. I trust that you are
monitoring it carefully. I am not familiar with all the details, but I think we want to avoid developments which put a chilling effect
on our investment relationship."
Here Obamas Deputy NSA apparently tied potential development aid to India with Dow Chemicals liability in Bhopal. The White
House denies any linkage between the IBRD lending and Dows ongoing lack of responsibility. Formans statement shows callous
disregard for ongoing injustice and lack of accountability 26 years after the disaster. The survivor organizations in India, 5 of which
have been protesting in Delhi this past month, have faced infringements on their basic rights, especially through discriminatory
police abuse. A threatening statement from the Obama office could further repressive action from Indian Central Government of
India.
Following months of safety cuts, on Dec 3, 1984 the Union Carbide pesticide plant in Bhopal leaked deadly gas containing Methyl
isocyanate (MIC) over the city ofBhopal. In the immediate aftermath 8-12,000 people died. Currently the death toll has risen to
approximately 25,000 people. Over 100,000 people are still too sick to work because of long-term health disability.
The Indian Government has been forced to address the Bhopal issue in the recent months following a June 7 verdict convicting the
officials of Union Carbide's former Indian subsidiary on charges of criminal negligence. The charges and sentence, equivalent to a
traffic violation, enraged the Indian public, as did the fact the Union Carbide and its former CEO Warren Anderson have refused to
appear in court to face charges of culpable homicide. Bhopal survivors say that Dow Chemical should not be allowed to continue
doing business in India until its subsidiary appears in court and cleans up the site of the disaster.
The International Campaign for Justice for Bhopal (ICJB) is a coalition led by four survivor organizations along with environmental,
social justice, progressive Indian, and human rights groups around the world. ICJB works to hold the Indian Government and Dow
Chemical Corporation (the current owner of Union Carbide) accountable for the ongoing chemical disaster in Bhopal, India. It was
set up to address the grave injustices suffered by the half million Bhopal Gas Disaster survivors.
Bhopal and the BP Oil Spill: A Tale of Two Disasters
By Madhur Singh
As BP struggles to contain the damage the Deepwater Horizon oil spill has caused to the Gulf of Mexico and to the people whose
livelihoods depend on its waters, a legal judgment in the worst industrial catastrophe in history highlights how wrong the aftermath
of such disasters can go not just in terms of a cleanup but in the matter of justice. It is a terrifying lesson in how a corporation
can evade full responsibility for one of the most heinous accidents in human history.
On Monday, more than 25 years after 40 tons of highly toxic methyl isocyanate (MIC) was released from a Union Carbide plant in the
central Indian city of Bhopal killing thousands in a matter of hours and over years, rendering hundreds of thousands seriously ill

and causing genetic defects in yet-to-be-born generations a local court announced its verdict. It held eight former employees of
Union Carbide India Ltd guilty of criminal negligence and sentenced seven of them to two years in prison and a fine of $2,100. (The
eighth defendant died during the course of the 23-year trial.) The convicted former employees were out on bail of just $500 each
in less than two hours. Union Carbide India, which no longer exists, was fined less than $11,000. (See the legacy of the Bhopal
disaster.)
The judgments are likely to be appealed. Given the speed of the wheels of justice in India, the case is likely to outlast most of
the Bhopal survivors and the accused. The most prominent name in the latter category is Warren Anderson, the American CEO of
Union Carbide, the U.S. parent company. He is now 89 years old. Arrested by Indian police when he visited the disaster site, he was
released on bail and flew out of the country. He continues to be a fugitive from Indian law and hence has not been tried. (He is
believed to be living somewhere in New York state.) At the same time, no one has been assigned responsibility for cleaning
upBhopal's ground zero, which researchers and activists say continues to leach toxic chemicals into the groundwater, used by
thousands of families. (See TIME's 1984 cover story on the Bhopal disaster.)
The outcome of the case has ignited outrage and disbelief across India. No less than the Law Minister and a former Chief Justice
have said justice has been delayed and denied. The Economic Times newspaper led its front page with the headline "After 25 Years,
Another Tragedy Strikes Bhopal." "We are used to being let down," says Rachna Dhingra of the Bhopal Group for Information and
Action, her voice catching as she spoke to TIME by phone, "by our government ... now even the judiciary."
The letdowns have been serious and repeated and apparently preordained because of decisions that facilitated the disaster itself.
Investigations over the years have shown that the Bhopal plant design was faulty and that there was next to no emergency
preparedness issues that the parent company in the U.S.apparently knew about, according to the groups that conducted the
studies. The company was operating in India with standards unacceptable in the U.S. (See pictures of the Gulf oil spill.)
The Indian government seemed to go out of its way to cushion the experience for Union Carbide. After first suing the company for
$3.3 billion in 1985, New Delhiannounced an out-of-court settlement of $470 million in February 1989. Then a 1996 ruling by another
Supreme Court judge watered down the charges against the accused from culpable homicide (with maximum punishment of 10 years'
jail term) to criminal negligence (maximum sentence two years).
The various governments that have ruled India in the meantime have not taken on Union Carbide, which is now owned by Dow
Chemical. Meanwhile, Keshub Mahindra, chairman of Union Carbide India Ltd at the time of the Bhopal disaster and now chairman of
India's automobile giant Mahindra & Mahindra, was nominated for a civilian honor, the Padma Bhushan, in 2002. He had to decline in
the face of widespread protests.
Although environmental legislation was ramped up in the wake of the Bhopal disaster, companies continue to operate in India in
ways that severely if not as dramatically pollute the environment and impact people's health and livelihoods. Britain-based
mining major Vedanta, for instance, has faced censure from Amnesty International for violating the human rights of communities in
Orissa, where it operates bauxite mines. India continues to be the world's e-waste dump. Of late, the government, keen to attract
foreign investment to its nascent nuclear energy market, has been pushing a bill to limit the liability of a nuclear-plant operator to
$111 million. "We've learned nothing from Bhopal," says Supreme Court lawyer Prashant Bhushan. "There is a drive to attract foreign
investment overwhelming all other considerations." Opposition parties have already demanded a rethink of the proposed legislation
in the face of the Bhopal outcome. (See pictures of people protesting BP.)
There is still outrage that the U.S. refuses to extradite Warren Anderson to face criminal charges in India. New Delhi made the
request in 2003, and it was refused the year after. U.S. Assistant Secretary of State for South Asia Robert Blake, reacting to
Monday's Bhopal verdict, said, "I don't expect this verdict to reopen any new inquiries or anything like that. On the contrary, we
hope that this is going to help to bring closure." The Bhopal activists now plan to file a writ petition in the higher court to admit
more charges against Union Carbide and Anderson, seeking an as-yet-unspecified figure for personal and property damages, health
monitoring and cleanup of the site, which is likely to run into billions of dollars.
Indians point at the way the U.S. government is now confronting BP holding it squarely responsible for the oil spill and
accountable for all cleanup costs as a stark contrast to the way their own government has dealt with Union Carbide. The hope in
India is that U.S. courts will be more amenable to the requests of Bhopal's victims now that America has a huge environmental
disaster in its own backyard. The Bhopal activists say the Indian government must join the case in the U.S. as a plaintiff (indeed, it
owns the land on which the Union Carbide factory was located). "Prime Minister Manmohan Singh should be inspired by President
Obama's recent commitment toward making BP pay every cent for its oil spill," says Satinath Sarangi of the Bhopal Group for
Information and Action. "And the U.S. government must follow the same standards on corporate liability for U.S. corporations
operating in India as it expects for corporations operating in the U.S."
See the world's top 10 environmental disasters.
See pictures of critters caught in the Gulf oil spill.

BP and Union Carbide:


Corporate Responsibility or Corporate Liability
by Mukesh Williams
Two momentous events separate in time and location have seared our consciousnessthe British (Beyond) Petroleum Gulf Coast oil
spill on April 20, 2010 and the American Union Carbide Bhopal Gas Tragedy in December 3, 1984. Twenty five years separate these
two environmental and human disasters but the greed of big multinational corporations in connivance with state and central
agencies still remains insatiable. With a keen eye on profit, big companies compromise safety standards, falsify data, overstate their
strength, underestimate their drawbacks, bribe officials, lobby for protection and misinform the public. It is rather difficult to fuse
ethical economic standards with ravenous profit-making schemes. Though oil and gas stink most multinational corporations love it.
The neo-classical model of economics has reduced our land and environment to a mere abstraction that can be exploited in terms of
supply and demand without compunction. Big companies continue to wreck havoc on our human and natural systems devastating our
lives in the name of human progress and development. At such moments we often wonder where is the fashionable concept called
social corporate responsibility that is often taught as a philanthropic and ethical tool in business management departments to
unsuspecting students. Corporate greed like all other forms of human greed need to be kept under strict check by international pay
czars or up-to-date legislation based on global standards with teeth for swift punishment. Also the rhetoric of corporate companies
must be separated from what they actually do, how long they do what they do, and what they hide. A constant monitoring system
both on the part of governments and private groups must be effectively installed in collaboration with the media to thwart their
nefarious activities and ulterior motives.
Union Carbide Bhopal Gas Tragedy 1984
Early this month the Indian Supreme Court passed a verdict indicting the American CEO of Union Carbide Warren Anderson who was
allowed to escape to the United States twenty five years ago possibly with the connivance of either the state or central agencies in
India. Now both the Congress government and state ministries are trying to escape their involvement in the murky plot. Who wanted
the truth then? And who wants the truth now? The declassified CIA report of December 8, 1984 and recent revelations by the

principal secretary of Rajiv Gandhi, P. C. Alexander, point to political intrigue involving both state and center in releasing Anderson.
Now some leaders claim that the worsening law and order situation in Bhopal in the wake of the accident forced Chief Minister Arjun
Singh to provide a safe corridor to Anderson out of the country. Some like Rajinder Puri even see the direct hand of Rajeev Gandhi
himself. It seems that US President Ronald Reagan phoned Rajeev Gandhi to release Anderson. The media would like us to believe
that even P. Chidambaram and Kamal Nath were campaigning for Dow Chemical to get special concessions so it could invest in India.
The chief minister of Gujarat Narendra Modi criticized Sonia Gandhi for the complicity of the Congress Party in the murky affair but
it has come to light that he had signed an MOU between state public sector company Gujarat Alkalies and Chemicals Ltd and Dow
Chemicals in April 2008. This is the case of the pot calling the kettle black.
Seemingly neither the American nor the Indian establishments saw the industrial disaster as the responsibility of the MNC Union
Carbide. The company was bought by Dow Chemical Company in 1999 further camouflaging accountability. Dow Chemical was the
second biggest Texas polluting company in 2009 and paid 1.14 million USD on eight counts of pollution. Now it is investing again in
India with the syrupy connivance of people in power.
Even after 25 years the public would like to know if it was Arjun Singh the chief minister of Madhya Pradesh or influential persons in
Rajiv Gandhis government at the center or the prime minister himself responsible for giving a free passage to Anderson to fly back
to the U.S. India has an extradition treaty with the United States and under changed circumstances today when America itself is
suffering from another MNC BP, there might be possibility of bringing the fugitive CEO back to justice if India can put together
enough evidence. Greenpeace believes that in the 1982 safety audit of the Bhopal factory in the US addressed thirty safety hazards.
Anderson knew about them and compromised safety standards causing the death of 20,000 people and affecting 578,000 to date. To
make the tragedy reprehensible the out of court settlement made Union Carbide pay a sum of 470 million USD instead of 3.5 billion
initially demanded, with each victim getting a measly sum of 550 USD in 1989. In the same year Exxon oil spill in Prince William
Sound Alaska forced the company to pay 5 billion USD of which it paid half. Even today there is 425 tons of hazardous waste in
Bhopal left by Union Carbide that needs to be cleaned. Who will do itDow Chemical or the Indian state government?
Anderson now 90 years lives in a luxury home worth 900,000 USD at 929 Ocean Road, Bridgehampton, Long Island, New York. He is
now less of a fugitive and more of a monarch (Sonnenfeld, 1991). It is obvious that in many cases justice delayed is justice denied.
Should we stop big companies from doing business? Should we impose heavy penalty on erring foreign companies? Or should we
reform the slow and cumbrous judicial system? Jeremy Kahn writing in The Faster Times calls for judicial reform rather than
protectionism (Kahn, 2010). The Indian Parliament is debating a law capping liability for foreign nuclear power companies involved
in disasters to pay 100 million USD a pittance when compared to the US demand of 100 billion USD from BP. Then Indian law capping
liability lacks teeth and may not cover non-nuclear companies. So they can pollute as of before.
British or Beyond Petroleum
The British are desperate to save BP from going down by bringing silly arguments like BP has been a part of America since it merged
with American energy Amoco in 1998 and acquired the Gulf of Mexico drilling rights (The Independent, Cameron Warns Obama over
Criticizing BP 13 June 2010). The new British Prime Minister David Cameron has also chipped in underscoring the sustained
economic importance of BP to both Britain and America. American President Barrack Obama however is needled by US senators,
whose states have been ravaged by oil spills, to push for 100 billion USD compensation, which if realized would force BP to go
bankrupt. The British media believes that Obamas anti-British rhetoric is testing Anglo-American relations. Obama claims that
American relation with Britain has not been affected. The environmental disaster caused by a British multinational company should
have nothing to do with national identity but corporate liability. Obama has called BP the Swedish Chairman Carl-Henric Svanberg,
who earns a fat cat salary of 3.8 million USD, to the White House for consultations.
The British are cut up with Obamas off the cuff remark that he would have fired BPs chief executive Tony Hayward if the latter had
worked for him. With US pressure rising BP may not pay its quarterly dividends which are essential to maintain equilibrium for UK
pension funds. The 6.7% shares lunge in the FTSE has adversely affected pension funds in the UK. If the status quo is not altered by
American pressure groups BP might only have to pay 20 to 37 billion USD provided it can be proved that BP failed to meet safety
regulations in the deep sea oil drilling.
Now BP is using two kinds of dispersants manufactured by NalcoCorexit 9500 and Corexit EC 9527A. Corexit (deodorized kerosene)
is banned in the United Kingdom as even 2.61 ppm can kill 50% of fish in 96 hours. The dispersants turn the oil slick into small
particulates which settle on the sea bed and make things look clean on the surface, but they destroy marine life below. Corexit
however is on the approved list of dispersants by the US Environmental Protection Agency though the EPA has advised BP to use less
toxic dispersants. BP however refused citing lack of availability. The toxicity of the present dispersants increase when they get
mixed with oil. BP has links with Nalco. BPs has poured 1,621,000 gallons of dispersants in the Gulf of Mexico to contain the oil spill
and has ordered for an additional 805,000 gallons. The ill effects of the dispersant on humans can result in various diseases, reduced
growth, kidney failure and death.
The British rely on BP as the national icon and savior of British deficit. Last year BP paid 1.4 billion dollars in taxes on its profits. The
oil spill in the Gulf of Mexico is too far away for the ordinary Britons but the pension funds and BP dividends are closer home.
It stands to logic that a large, wealthy company which is eager to pay 1.8 billion quarterly dividends to its shareholders and whose
last years sales and operating revenues were 239 billion USD, should pay 100 billion USD in damages. Since the oil spill began on
April 22, 2010 till June 15, 2010, 55 days have gone by. And if we estimate the oil spill at 50,000 barrels a day it comes to 27500000
gallons. If each gallon spill is fined 4300 USD as the US is suggesting the actual fine would come to 118,250,000,000 that is about 118
billion USD. These figures may not be exact and are vigorously contested by BP which would like to work with half the numbers.
However the end is not in sight. According to BP officials it would not be before August that the spill can be contained. If this is true
then the figure could be doubled and BP would have to pay damages amounting to all the revenue it earned through sales last year.
Both the American government and public are hopeful that since earlier erring companies like Texaco was forced into bankruptcy in
1987 after paying 10.53 billion USD claim, BP too would have to cough up huge sums. And BPs reputation does not help a wee bit
whatever they claim to the contrary in those daily briefings on the Internet. BP is known as one of the ten worst corporations in
the world when evaluated on their environmental pollution and infringement of their human rights record. It also has the dubious
distinction of being the most polluting company in the United States vis--vis EPA toxic release data of 1991. It has been fined 1.7
million USD for burning polluted gases at its Ohio refinery. It also paid 10 million USD fine to the EPA in July 2000 for mismanaging
the US oil refineries. The US Public Interest Research Group or PIRG claims that between Jan 1997 and March 1998, BP was involved
in 104 oil spills. Obviously a lot of wealthy shareholders, 37% on the British and 31 % on the American side do not want this to
happen.
BPs propaganda regarding its CSR is highly effective as it tries to highlight only the positive aspects of what it has done. In the past

BP has invested some money in alternate fuel and green technologies but it has been criticized for proving private funds to public
universities of the California Bay Area and closing down its green technology office in London. Its critics call its green technology
projects as green washing projects. BP is also a leading producer of solar panels and holds 20% of the global market in this area and
it uses this fact to great advantage for image building. It operates the ampm convenience store chain in the US and other countries
and is the leading producer of wind power. It is also involved in funding local and international politics. It gave 5 million USD to
democrats and republicans in 1990 and spent 16 million USD in lobbing at the US Congress. The moral of the story is that it is not as
clean as it claims, nor concerned with the lives of common people unless it serves its purpose or national interest.
BP in its regional spill plan for the Gulf of Mexico and site plan for the Deepwater Horizon rig understated the dangers and
overstated its preparedness in the eventuality of a leak. Louisiana governor Bobby Jindal criticized BP for being reactive and not
proactive from the very beginning. Now BPs report is examined quite critically and it has been discovered that an expert professor
listed in its 2009 response plan died in 2005. It lists walruses, sea otters, sea lions and seals as sensitive biological resources when
none inhabit the Gulf of Mexico. Also names and phone numbers of marine specialists and marine network officers in Louisiana and
Florida are not correct. The Justice Department has to find evidence that BP destroyed key documents or lied to the government
(The Daily Yomiuri, June 11, 2010).
Corporate Social Responsibility
Corporate social responsibility is one of the modern movements like environmental or tribal movements that have become the buzz
word in both business and academic circles. Both businessmen and academics are cashing upon the divine benefits of CSR making
more money for their companies and jobs for their departments. Middle level managers and professors have extolled about the
virtues of CSR with other buzz words such as people friendly, eco friendly and sustainable. We have come to hear about the
unselfishly egalitarian aspects of CSR. It is really a wondrous transformation of the greed-driven capitalist economy of which the
corporate system is a byproduct.
Most critics of CSR are not against it per se but against the recent hype associated with it as a panacea of all corporate evils. It is
hard to believe that companies are out there not to make profit. We are not talking of basket cases but any company worth its salt
aggressively markets itself to make real profit. And whats wrong in it. Companies are floated for this very purpose both by the
shareholders and managers. But in a changed climate of political advocacy of human rights against corporate greed, CSR seems to a
new combative tool for companies to be both politically correct and make money as usual. The problem however is that if business
corporations give an inch they take a mile.
Definitions and Objections to CSR
In the United States CSR is seen as philanthropy while others see it as improving society, workforce and government. There are
arguments in favor of CSR where it is believed that it can support the social fabric of society and promote responsible business
practices. But CSR is usually presented as a marketing strategy that articulates business performance rather than encompass social
and ethical standards. The recent collapse of American business and manufacturing sectors has revealed the gap between CSR and
actual self-regulation. Some CSR models take the company beyond the law into providing public benefits, increase sales, market
shares, brand position, retain employees, reduce operating costs and increase investments (Baron, 2001 7-45). There are models of
CSR that take into account competitive advantage, positioning, commitment, organizational integration, shareholders cooperation
and self-correction. CSR helps to create a positive image of a company and brings it rich dividends. Though there are many
definitions of CSR we must see CSR as the way business companies conduct their core business not the sops they give to society.
A common objection leveled against CSR comes from the advocates of the laissez faire system who complain that CSR infringes upon
the human rights of company shareholders as company managers unilaterally divert company resources to society in the name of
better management (Sternberg, 1999). Detractors of CSR complain that there should be a stakeholder claim in CSR as to how it is
done. A business corporation should be fair and honest to both the shareholders and customers. CSR therefore depends on the model
a company chooses and the reasons for its choice. If a company uses CSR for image building through philanthropy it leads to both
ethical and human rights problems. You cannot give away money which ultimately belongs to someone else. On the flipside it also
follows that if stakeholders possess sole rights they also should bear full responsibility when there are environmental or social
disasters. However if a CSR model seeks a consensus of both stakeholders and company managers then it must become more open to
the public. CSR must concentrate upon building customer relationships, attracting talented people, conducting risk management and
building the companys reputation.
Corporate Reputation and CSR
Corporate business companies such as BP or Coca Cola cannot ignore their reputation as about 90 to 95 percent of their assets are
intangibles and the remainder immovable property. Big companies such as General Electric, IBM or Motorola use the rhetoric of CSR
to show public responsibility and environmental concerns but while conducting hard-nosed bullying business practices are not so
transparent in their dealings. A few years ago Sir John Browne of BP was praised for his aggressive promotion of BP while providing
environmental leadership but now we come to know that all along BP compromised on safety costs in oil drilling. This is happening in
a powerful country like the United States where both politics and laws are strong. Had it happened in a developing or a poor
country, things would have been quite different. BP would have gotten away cheaply and Union Carbide once did.
CSR invariably works for companies and countries with resources and political clout. It is not for companies which are small and
weak. Small companies fight for survival, cut costs to make ends meet and do not possess precious resources to waste on CSR. Nor
can they follow up on legal battles if they come under the scanner. They function in a world of poverty, deprivation and loss.
Conclusion
It is no longer tenable to follow neo-classical economics of Smith, Mill and Bacon that the world is made for us and for us alone. We
must eschew the economic theories of Pareto and Hayek as we can no longer treat nature as a mere variable and commodity.
Depreciation of ecological assets has taken place at an increasing fast rate. Economics should no longer be about inflation, economic
value of goods or maximization of income. It should take into account our natural world as property that belongs to every one of us
(McNeill, Padua, Rangarajan, 2010 1-3). We must learn new lessons from ecological economics and environmental history and change
the way we do business. We must rein in corporate greed by modifying corporate social responsibility (CSR) to corporate legal
liability (CLL) and connect it to governmental deterrence, legal action and international treaties to scare the hell out of the
merchants of greed and death who have many supporters in different parts of the world.

America's Corrupt Legal System - A Danger to All


by Dr Les Sachs
The tragic reality of the world's biggest corrupt legal system -America's rigged courts, bribed judges, fake and phony trials, extortion
by lawyers, and over 2 million prisoners in the USA gulag. Why USA "justice" is not like in Hollywood movies, and why YOU could be
the next victim on USA territory - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings
by American lawyers. Why YOU can be tortured, have your freedom and rights taken away, and why people in America are afraid to
help you, or even tell what happened to you. The recent pattern of American violations of international law are ultimately based in
the corruption of the USA domestic legal system. Phony USA courts are very dangerous even for travellers and visitors to America,
who can easily wind up among the USA's more than 2 million prisoners, or lose all their family's possessions to corrupt American
lawyers. All world citizens should know how the corrupt USA legal system, is a danger to every traveller, visitor, and guest worker
from overseas, and to every individual who takes the risky step of entering upon American territory. Just ask the overseas families of
prisoners who were put to death inside the USA, with their embassies never even being informed that they were arrested - or the
many foreign people serving hugely long prison terms in America, after they were jailed on flimsy tainted "evidence" from criminal
snitches. The reality is that the United States of America, which proclaims itself the "land of freedom", has the most dishonest,
dangerous and crooked legal system of any developed nation. Legal corruption is covering America like a blanket. The corruption of
the USA legal system is well-known, but also well-hidden, by the news services of America's corporate-owned media. The US media
companies are afraid both of reprisal, and of the social revolution that would come from exposing the truth. Here is what the US
media companies know, but are afraid to tell you about American "justice".
Concentration camps with concrete walls
America has the largest prison gulag in the entire world - yes, right there in the USA, the self-proclaimed "land of freedom". The
starting point for understanding anything about the USA, is to digest the fact that just this one country, the United States of
America, has twenty-five percent of ALL of the prisoners in the entire world.
More than 2 million prisoners - more than 1 out of every 150 people in America - are behind bars in the American gulag. This is now
the world's biggest system of what are effectively concentration camps, though most of these prisoners are behind masonry walls
and inside prison buildings.
For minorities, the statistics are even more brutal. For example, the USA is now imprisoning about 1 out of every 36 people in its
black population. American "justice" is especially focused on jailing young black males.
Quite amazingly, Americans and the American government, continually criticize the legal systems and so-called "political" legal
proceedings in other countries such as China, Russia, and even Belgium among many other places. Yet, for example, the proportion
of prisoners is 30 times higher in the USA than in China, even though China is a country regularly criticized and denounced by the
USA government.
No one imprisons people as readily, or casually, as does America. As you learn more about America's horrifying legal system, you find
out how easily and carelessly America arrests people, and tosses innocent people into prison. It is estimated that America has at
least 100,000 completely innocent people in jail, but the statistics of innocence may well run far higher. The number of people
known to be innocent, and yet who were actually sentenced to death in recent years in America, is already running into the
hundreds.
The USA jailing of more than 2 million people is also, quite literally, a revival of slavery and slave labor, on a scale not seen since the
days of the Nazis. USA business corporations are using these prisoners as a giant slave labor pool. Prisoners are forced to produce
goods and products while earning mere pennies per hour, which they sometimes have to pay back to the prison for their own
upkeep. The expanding system of USA prison slave labor is not only a major source of business profit, but also a wedge to drive down
the wages of workers outside the prison walls.
This USA policy, of using mass casual imprisonment as a way to revive slavery, is targeted particularly at minorities, but ends up
affecting all working people. Supervised by malicious judges and corrupt lawyers, this culture of mass prisons and slave labor is sold
to the citizens by creating a psychology of fear among USA residents. This climate of fear is nourished in the USA by both the media
and the government, who work together with the judges and lawyers to maintain the whole crooked game.
Of America's more than 2 million prisoners, about 50,000 are known to be foreign citizens. This proportion might seem small, but
remember that 50,000 prisoners is more than the entire prison population of many other countries. It only appears as a small
percentage, because of America's obsession with jailing its own people, who have had more time to get caught in America's web of
legal horror.
The USA is extremely casual about the jailing of foreigners, and not honouring their rights under international law or treaties and
agreements. Often, foreign citizens have been sentenced to death, while the USA didn't even bother to notify the foreign
government that their citizens were arrested. Several other governments are working hard just to try and obtain even the most

primitive judicial rights for their own nationals, who have been seized and held in abusive conditions by the USA empire. And yet,
the United States of America somehow still brags about its own legal system, while criticizing other countries. Understanding that
America has such a huge percentage of even its own people in prison, is to start to understand the subconscious fear behind much of
American life. Before you set foot in America, you should have a clear picture of the terror of America's legal system - the judges
and lawyers and money and bribery, that have made this system of fear so pervasive. There is not yet enough public media
information about America's domestic legal horrors, horrors which have been rapidly increasing. And the American public, even the
victims of its legal system, have a hard time realizing why it is so hard to fight legal corruption there. The situation is so bad, that a
social explosion is beginning inside America. You can read some news stories - about people murdering judges, or attacking the
families of judges, or people setting fire to courthouses in the USA - and see the pattern that is emerging, even though the news
media are afraid to connect the dots and suggest what might be behind all these events. America is trying to maintain its myths
about its legal system, even while the desperate reality of life inside the USA is starting to blow back into escalating social
upheaval.

USA torture and illegal jailing overseas, starts with USA domestic torture and illegal jailing at home
The world press has documented clear violations of human and legal rights by America in its overseas jails, such as the infamous
situations in Guantanamo and occupied Iraq and Afghanistan, and the even more secret network of prisons in places like Diego
Garcia or on board American ships.
But the problem is much bigger, than America's legal abuses under its military invasions and "war on terrorism". These USA violations
of international law, are consistent with the corruption in America's home legal system within its own borders, and have partly
evolved from America's legal abuses against its own citizens and residents.
American prisons are often horrible, with lots of torment of prisoners, like you would expect in some petty dictatorship. Conditions
are brutal in USA jails; rape and beatings are common, and there is little help for abused inmates. In addition to the many official
USA executions, numerous people are also illegally killed in jail cells, "mysteriously" said to have hanged themselves or "found
stabbed to death".
Scandals of overseas prison abuse, as in the USA-run Abu Ghraib prison in Iraq, have arisen from sources much deeper than America's
foreign policy. These scandals are in part replications of inmate abuse inside of America's domestic prison gulag. Without diminishing
the brutality of the crimes committed by Americans in Iraqi prisons, it is also true that such crimes are consistent with the brutality
of prisons inside America.
In the regular functioning of the USA courts, America's domestic lawyers and judges, threaten people with illegal jailing, and rape,
torture and murder in jail, just like the threats used by Americans against Iraqi subjects of the American occupation. America will
play the song about "just a few bad apples in the barrel" whenever an abuse scandal gets exposed, either domestically or abroad,
but the cover-up of such abuse is more the routine response.
Theoretically, torture and abuse is totally outlawed by America's Constitution, but some of the nice words in America's Constitution
hold little power anymore, despite how often people quote them. The Americans who still believe the Constitution protects them,
are mostly those people who haven't yet dealt with the judges and lawyers of America's corrupt legal system.
America's Constitution and Bill of Rights are nearly dead, not just because the judges will no longer enforce them, but even more
because America's lawyers will not even fight for them. The two American "political parties" are not fighting for them, either, and
America's news media are also very passive. If you look at America in depth, you can see there has been a widespread moral collapse
in America's legal and political structures. This means that America's legal system has become largely a tool of government terror,
and of bribery for the rich and the powerful. The average person is just fodder for the meat-grinder of America's courts.
America's lies and sleazy arguments to make excuses for torture, or to deny people the rights of the Geneva convention, or holding
people for many years without charges, are also just an extension of the deviousness in America's domestic legal system. Inside
America, neither its laws nor its Constitution nor the facts nor evidence nor anything else, no longer have real authority inside the
American courts.
All that's left is what American lawyers and judges call "the game". As part of playing this game, USA lawyers and judges just twist
words around, in order to produce any excuse, however flimsy, to achieve their objective, whether that be to jail an innocent
person, or give the verdict that was sought by the big company that paid the big bribe through its law firm.
It is an endlessly devious manipulation of words and phrases to get the desired result, just devious falsehood and lies backed by the
naked power of the judges. The only "real" part is the power that the judges and lawyers hold in America, to jail you and take away
your property. The words of the law don't protect you in the USA, because American judges and lawyers have no scruples about
bending them to mean the opposite of what they say.

America's lawyers are controlled by the judges, and don't really work for you - that's why they sell you out to the government,

or to the big companies that pay bribes


There's some very special aspects about the way American lawyers are controlled by American judges, which is central to why
America's legal corruption is so much worse than any other advanced nation. Even if you are paying an American lawyer huge
amounts of money, he or she doesn't really work for you, and in fact may sell you down the river to the jailhouse.
American lawyers are directly under the thumb of the judges and the government, and must submit to the culture of bribery and
perversion of justice, or else face terrifying revenge. Lawyers, just like you, can be instantly jailed by an American judge on flimsy
pretexts, and American lawyers can be quickly stripped of their right to practice law, and personally and financially destroyed, if
they dare to criticize legal corruption. Lawyers who try to fight the system can find themselves not only dis-barred, but also
criminally charged and jailed, and no other lawyer will help them. It is a horribly crooked system in America.
This is different from other advanced countries, where lawyers are usually a professional guild, whose status and right to practice
law, is under the control of only their fellow lawyers. This means that, in other countries, the judges and the government cannot
easily ruin or attack the lawyers for purely political reasons. This is also part of why, in other developed countries, outside of
America, you really do see brave lawyers fighting for un-popular clients, or challenging the government, and asking for justice.
But in America, it's different. Over the past century, the American lawyers lost the right to regulate themselves, and instead fell
under the power of the judges. So American lawyers are afraid to do things in court, that the judges don't want them to do.
America's army of nearly 1 million lawyers, is almost totally under the control of a few thousand judges, with their entrenched
culture of bribery and fraud and miscarriage of justice.
Some USA lawyers don't like this, but they are helpless and can't fight it. Most lawyers in America have, to one degree or another,
signed up with the devil, to do things the way the devil wants them done.
That means that any time you hire an American lawyer, he already is in a conflict of interest. He has to make the judge happy first.
And if the judge wants to make the government happy, or make somebody else happy who is paying a big bribe, then guess what?
You are destroyed. It doesn't matter what you paid the lawyer. He works for the judge, first and foremost. So a totally unique factor
in USA legal corruption is the amazingly dishonest profession of American lawyers, these lawyers who "play the game" with Americas
judges and politicians and police. It is a savage culture of legal fraud, where lawyers work with judges to rob and terrify people,
especially minorities, but also foreigners, and above all those who dare to question the system. People accused of serious crimes
have the "right" to a lawyer, but this may mean only a crooked lawyer who is stage-managing the victim to help the government and
prosecutors. If the lawyer does not help the government, he can be put out of work and not "assigned" to any more cases, or treated
badly the next time he is in a courtroom. This legal fraud is the core of the danger to those who visit America. A lawyer who is
"representing" you in the USA, whether the government is paying him, or even if you are paying him yourself, may just be a stooge
who is helping the prosecutors to put you in jail, even though you are innocent. The judges of America gave every accused criminal
the "right" to a lawyer, not because they cared about the rights of the accused, but because it helps stage-manage the victim, with a
lawyer who has to do things the judge's way. In America, such government-appointed lawyers are the means by which hundreds of
thousands of poor people are railroaded into prison. Some of these people were just foreign tourists, in the wrong place at the
wrong time, and wound up rotting in an American prison. Some lawyers are fairly subtle about it, and their victims never realize the
lawyer has sold them out to the judge and the government. Most American court cases never go to trial, never see a jury; it is the
job of the victim's lawyer to "sell the deal" that the judge has decided will happen, or else. This is how people accept a "plea
bargain" so they accept going to jail for 3 years even though they are innocent, instead of going to trial before a jury. Because of the
corruption of lawyers under the thumb of the judges, there's a very fake and phony aspect of court proceedings in America. They are
really fake "show trials" in many cases, sometimes very obviously so, where both purported "sides" of lawyers are actually working
together for the government, or for the big corporation or rich person that is bribing the judge.
You will also find, in the American legal system, that you essentially have no recourse whatsoever against wrongdoing by your own
lawyer. A lawyer can sell you out, betray you, steal your money, engage in malpractice, help out the other side, hide the evidence
that proved you were right, or commit felony crime against you, and there is nothing you can do about it, so long as the lawyer
made the judge happy, and the judge got his cut of any money the lawyer stole from you.

Innocent and being arrested - they don't like to admit a mistake in America
Yes, lots of people live their whole lives in America and never get arrested. And yet, some poor foreign visitor comes to America for
a short holiday, gets arrested by mistake, and gets sentenced to death by lethal injection even though he is totally innocent. Well,
that's the lottery of life for those who visit or live in America. The police and prosecutors in America have no concern at all whether
they have arrested someone who is innocent. They just don't care. When a crime is committed, they try to arrest somebody,
anybody, just to say they got the bad guy. And they never like to admit they made a mistake. Once they arrest you, they will try to
make up and plant false evidence, to help try and convict you. A common trick is to take other criminals they know, who are facing
jail on other charges, and get those criminals to be false witnesses against you. The cops justify this kind of thing by saying to
themselves, "Well, if you didn't commit this crime, you probably committed some other crime we don't know about." If they do
arrest you in America, they like to pile on all sorts of criminal charges. The idea is to charge you with 10 crimes, because it makes

you sound bad, and maybe convict you on 3 of them or you will accept a plea bargain on 1 or 2 of them. Any kind of guilty plea, and
they call it a success, even though you were totally innocent.
For the police and prosecutors, it's all a kind of sporting game, so they can bring about their "high conviction rate". Perhaps part of
the reason America has so much crime, even with more than 2 million people in prison, is because the people who actually
committed the crimes were never arrested. Also, some poor people may feel that the odds are high they will be arrested someday
anyway, so they may as well be criminals and enjoy life in the meantime.
The system is extremely racist, of course, and white people are arrested less than many minorities. But no one is safe. Any innocent
person can get railroaded to death in America.

Multi-millionaires and big corporations, vs. everybody else


The only people who really can get expect some fairness in American courts are multi-millionaires and big corporations. Nobody else
really matters to American judges and lawyers.
There is a huge amount of bribery in America, perhaps even more than in the courts of any other country in the world. Even some
American ex-judges have admitted the near-universality of bribery there. Nearly all bribes are given to the judges by lawyers; this is
considered the safe way to bribe a judge. Bribery is rarely spoken about, just understood. Rich people pay huge amounts of money
to law firms with connections, the lawyers walk around with a certain amount of cash in their jacket, and they pass it to the judges
in their quiet moments together. It is mostly all cash of course. Sometimes the bribery is blatantly obvious, because of the other
crimes that lawyers and judges commit in broad daylight together. In the courtrooms you can see the judges being extremely
friendly to their rich lawyer friends who pay big bribes.
As an average person, there's no real way to out-bribe a big corporation, regardless of what your lawyer promised you. That's why
the big companies win so often.
American judges are very devious, and use all sorts of techniques to prevent a victim from getting justice. Lots of judges issue gag
orders, and bans on freedom of speech, to help prevent other people from finding out what is going on. Judges set up a trial in all
sorts of ways, giving orders that all sorts of evidence be hidden from a jury, for example. The judge may declare, for example, that
the evidence that proves you are innocent or right, will not be allowed at the trial.
Jury trials are actually very rare in America, unlike what you see in the movies. Most cases are settled through some deal or
extortion or intimidation, before there is an actual trial. If there is a jury trial, they tend to stack the jury with un-educated idiots
who will tend to believe whatever lies they are told by the judge and the government. If you are trying to fight a rich person in
court, the judge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you
start talking. The judges have a thousand ways to rig a legal proceeding, to benefit rich people or the government.
It's no wonder so many innocent people go to prison. With the fundamental brutality and harshness of life in America, American
citizens are confused and fearful, and gullible to propaganda. So, a jury in a courtroom, these people who tend to be poorly
educated, will tend to go along with any lies presented by government prosecutors. In this environment of fear, the feeling of safety
for the jury, comes from following the "strong" government in sending various "suspected criminals" to jail.
Yes, there are appeals courts, but these are just more judges, who are often friends with the lower court judge who originally sold
you out. The appeals judges tend to go along with the lower court judge, unless you have suddenly acquired some politically
powerful backing on your side.
Americans love to talk about "taking it all the way to the Supreme Court!", but this is a nearly empty hope. The U.S. Supreme Court
simply refuses to consider most cases that are presented to it.
If you are a little helpless nobody, the appeals judges often barely reply to you, and sometimes don't reply at all. Sometimes people
have been strapped to a table and given the lethal poison and put to death in America, with the victim's appeal never even
answered by the judges.

What about when people win millions of dollars in a lawsuit against the big company?
Every now and then, there is worldwide news of how some average person in America has won a lawsuit for $25 million or some
other huge sum of money, from some company or other. What's going on here - if the American legal system is so crooked, how can
people be winning such big money?
Such cases are indeed real, but they are actually somewhat rare, numerically - rather like winning the lottery - and it's important to
see why they take place, and how they fit into the big pattern. Such cases are typically after someone has been seriously injured or
died due to some defective product or prescription drug or hospital treatment or accident.

These cases have a certain "place" in the American legal framework, accepted by the judges. They are also very important for
maintaining the bribery culture. A lot of the money won in such cases goes into the lawyer's pockets, and is a major source of
bribery money for the judges. As regards big companies and the judges, such cases are viewed as a kind of "tax" on the big
corporations, part of the cost of doing business in America, part of the price of being able to otherwise make huge profits.
Such cases, as well, have the same function as in a gambling casino, when the casino proudly announces that one customer has just
won a huge jackpot. The hype about the one jackpot winner, hides the fact that most everyone else is losing money. The person
whose husband died from the defective prescription drug, and won millions of dollars (one-third of that to the lawyer, of course), is
the person who is shoved forward to prove that "the legal system works - it's the greatest legal system in the world!"
The small handful of such personal-injury cases, are intended to distract the public from all the innocent people sentenced to
prison, from all the families destroyed by bribed judges in divorce cases, and from all the people whose lives are destroyed by big
companies, companies who cheerfully pay bribes to win their routine cases in court.
Big companies know that some big "injury" cases will be lost, in order to supply money for the lawyers and judges who otherwise
take good care of the big company's interests. When you are making hundreds of millions of dollars, the loss of a few million here
and there is just another expense of business. In the end, the companies just raise their prices to cover the costs of lawyers and
lawsuits. The whole world pays for the millions earned by American lawyers, they are the ultimate parasites.
There are other casualties here, too. America's health care system has been destroyed from the inside by the legal culture of
constant lawsuits against doctors and hospitals, with huge amounts of money being given to the lawyers in these cases, driving up
the cost of medical care and putting it out of reach of many people. America is the only economically advanced nation without a
national health plan, with tens of millions of Americans having no health coverage. USA lawyers joke openly about how, when the
courts make big money awards to pay a lawyer, the lawyer often gives the judge a bribe by way of gratitude. Some lawyers grow
rich, and doctors are afraid to continue practicing medicine in the US, and many Americans die from lack of health care.
But while America's lawyers will very casually file legal charges against doctors, hospitals, or ordinary people, for any flimsy reason,
to try and squeeze some money from the situation, they are extremely afraid to take any legal action against another lawyer or
judge engaged in misconduct. That's where fear takes over, and lawyers are suddenly too timid to file any lawsuits.

The Hollywood image, versus the grim reality


Once you have digested the fact that America has the world's largest prison gulag, another major thing to digest is the USA
government, and much of America, is primarily a sales organization, whose chief tool is hype and propaganda and outright lies.
America is a culture built on sales and advertising; it focuses on portraying an image, not the reality beneath it.
This is why America was so casual about inventing and selling the lies about "weapons of mass destruction" to help start the Iraq
invasion. It was just a question of whatever lies needed to be told, in order to sell the product; there was no concern about
afterwards, when the lies were exposed. America just figures it can later send out more salespeople with more lies, in an endless
cycle. Tomorrow is just another day, when America will try to sell another product, the "war on terror", the "spread of freedom", or
whatever.
The selling never stops, in Washington or Hollywood. America sells political lies like Hollywood sells movies. When the USA President
talks about "advancing the cause of freedom", he basically means freedom for big corporations to do business. He's not really talking
about actual personal freedom for real people. But he grins when he talks about "freedom" because it's a good word of salesmanship,
people hear him and some of them can be duped into believing that America cares about personal or political freedom. Hollywood
movies and American television are a major element of political myth-making. Around the world, people derive an image of
America, and its legal system, from these fictional creations on film. America's propaganda about having "the greatest legal system
in the world" is one of those phony stories that Hollywood is helping to sell.
It is also a myth sustained by the few trials about which there is a lot of publicity, like with the celebrity trials of Martha Stewart or
Michael Jackson. Judges behave very differently when the cameras are rolling, or the media is reporting everything that goes on,
and millions of dollars are being spent on lawyers. But in the 98 percent of court activity that does not have big media coverage, the
judges of America provide a bizarre sideshow of horror.
In the Hollywood version, the judges in American courts are like kind uncles, smiling and being wise and calmly dispensing justice.
But in reality, American judges sometimes scream at people like disturbed perverts, and show off their bribed corruption right there
in the courtroom. Sometimes judges engage in flagrant extortion, where you have to agree to pay money to the judge's lawyer
friends as the price to stay out of jail. It is really that bad. You can find no end of documented horror about American judges
behaving like criminal lunatics, and it is getting worse all the time.
In the Hollywood version, there are brave lawyers who will fight for your rights, to win justice for you in the American courts. In
reality, you can't find an American lawyer brave enough to fight judicial corruption, even if you are innocent and the judge's friends
have threatened to murder you, or to send you to jail for the rest of your life. The lawyers who used to be brave, were destroyed or
intimidated, and nearly all American lawyers now submit themselves to the culture of corruption and bribery, and betraying and
abandoning the people who need legal help.

In the sad reality, American lawyers line up by the dozen to help the government or the big corporations, and regularly betray the
average person, even if they are supposedly representing you. Even the lawyers who don't want to be wicked themselves, are too
timid to really fight the system. At a certain point, nearly all American lawyers will hold back and abandon their clients, because
they are trying to survive themselves and avoid revenge by the judges. In the Hollywood version, the average person is also helped
by the "brave investigative reporter" at some newspaper or television station, who shows great courage in exposing the truth, and
bringing powerful wrongdoing to face justice. However, the brave "investigative reporter" in America is now as fictional and nonexistent as the "brave lawyer" who will fight for your rights. This is especially true on any topic pertaining to corruption by judges
and lawyers.
In America today, reporters are little timid people who are afraid of getting fired, and who almost never write a story on
government corruption, unless some other part of the government is officially investigating or prosecuting. That goes triple when
judges or lawyers are involved. The owners of the newspapers and television stations are afraid of revenge by the judges if they
have to go to court, and the nervous little reporters who work for them understand the rules of the game. If you look closely at a
modern newspaper or news magazine in the USA, you will see how almost all stories originate with the government itself. When the
media "investigates", they are usually just adding more details on a situation already being targeted by the government. Every news
media and television station in America is swamped with people begging them to report on stories, that they totally refuse to cover.
The reporters are too scared, and they know the stories wouldn't get printed or broadcast even if they were written. America is the
land of fear, as regards the legal system and the culture of corruption. Everyone involved with the USA legal system is afraid, very
afraid, of stepping on the wrong toes. Even American judges themselves get driven out of office, if they don't participate in the
bribery culture.

No recourse against crime and fraud by judges and lawyers in America


In reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by American
judges and lawyers. All of the official complaint procedures you find on the internet, or at the courthouse or in the law books, turn
out to be a joke, a farce and a fraud.
Complaints about lawyers in America, usually go to the "Bar", which is itself run by the judges who are involved in bribery with the
lawyers. And complaints about judges go to other judges, their friends. Nearly all the complaints about lawyers and judges - tens of
thousands of them - are kept secret. Nearly all are dismissed or ignored. They are generally only used if the judges or politicians
want to specially destroy someone - some radical minority lawyer, someone who is not playing the bribery game, somebody who has
dared to expose wrongdoing. Otherwise, even criminal acts by lawyers and judges get a smiling cover-up.
You will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the
judges. Even the lawyers who are broke and unemployed and desperate for work, are too scared to sue another lawyer. (Special
caution: Lawyers may make false promises to you about suing another lawyer, cash your checks and steal your money, and then
refuse to help you. And then you will have another lawyer who wronged you.) The police and FBI almost certainly will not help you,
either. They all know the bribery game, and they rely on the same crooked judges to help send innocent people to prison after they
have been arrested. The more crooked the judge, the more eager the judge will be, to help the police or FBI do a dirty deal and
convict an innocent person. And, of course, the newspapers and television and media won't help you. They hear stories like yours all
the time. If they publish or broadcast your story, then they will have problems the next time they get sued in court. Or they might
find themselves arrested on false charges, and end up in an even worse situation than you.
The newspapers are so tied into the establishment of judges and lawyers, that the newspapers sometimes help the judges and
lawyers to commit their crimes, and to unfairly smear and attack their victims. The big media newspapers have even helped to plant
false "evidence" in court cases, and help the legal establishment to destroy innocent people. But even if not harming you, the USA
media is afraid to help you, afraid of revenge if they expose judicial corruption. These fears are just as big, if not bigger, with
America's radical and alternative media, and bloggers and internet sites. Such people will criticize American foreign policy and so
on, but everybody is scared of talking about specific cases of corruption by lawyers and judges. The independent media has even
more reason to be afraid, because they are even more vulnerable if the lawyers start to file false charges against them in the
courts.
Of course, America's politicians will not help you, either. Many politicians are themselves lawyers, very used to the whole game of
bribery with judges and other lawyers. The politicians accept the crooked courts as the way that America is run, and as helping the
two big parties to monopolize the political scene and prevent alternative political movements. America's two big political parties,
the Democrats and Republicans, can be seen as another phony game like America's courts. The two parties actually get their
hundreds of millions of dollars in money from the same people at the same big corporations who own the rest of America. These two
American parties pretend to argue with each other over emotional issues like gun control and abortion rights, but in the end both of
these parties serve the big corporations. Half of Americans are still fooled into thinking that these parties represent them, the other
half sense it is phony but feel helpless and don't know what to do. This is why people don't vote very much in America; they feel it is
hopeless and useless.
You can also forget about America's human rights and civil liberties groups, even though it looks, at first, like there are many such
groups on the internet. Many such groups are just money-raising groups which don't help victims, or are tied to the two main

political parties or some narrow agenda. They are all scared of the legal system, too, and there is no one with any significant
funding or money, who is out there helping the victims of legal corruption. They can't find lawyers to help them, either. There are
some overwhelmed and struggling projects here and there, doing worthy work for a few of the innocent people in prison, but they
function in an environment of timidity and fear, and without the resources or clout or media access to expose or change what is
happening. It's getting worse and worse in America all the time. As the judges and lawyers can get away with committing crimes,
they are getting more open and blatant, committing felony crimes in broad daylight, because they know no one will stop them or
bring them to account. It is also important to know, that once you have started complaining about, or exposing, judicial and legal
corruption in America, you become a kind of outlaw there. You are in a very dangerous situation, and you are considered fair game
to be either arrested and jailed on false charges, or to be totally robbed and betrayed by America's lawyers. Once you have spoken
out about legal corruption, you may find that no other lawyer will then help you for any reason, even if it is un-related to your
complaint about judicial wrongdoing. You may be trapped in a nightmare from which there is no escape unless you can leave
America altogether.

Dealing with American lawyers, if you have no other choice


Perhaps the statistical chance of getting arrested in America as an innocent person, and then being sent to prison or put to death, is
relatively small. But think of how you will feel if you end up as one of those 2 million American prisoners, including 50,000 foreign
citizens. Or perhaps even one of those several thousand people on Death Row, waiting for the lethal poison to be injected into your
arm.
Visiting America now, is probably similar to visiting or doing business in 1936 with Hitler's Reich, or Mussolini's fascist empire. If you
did such a thing in 1936, you might have visited and had a wonderful time, maybe even have done some business with companies in
those countries. You might have seen some beautiful sights, and met some very friendly individual people, perhaps drunk a beer or
two, or a nice glass of wine, maybe attended the 1936 Olympics. Very likely, you wouldn't have seen any concentration camps, in the
places where you travelled. You might have had a very pleasant trip.
But nonetheless, you were in a dangerous place, where horrible things were going on. That's true of the United States of America
today, the land of 2 million prisoners in a giant gulag. With America's corrupt legal system, it's certainly not the wisest place to keep
money or assets, which can be easily grabbed by American lawyers in legal proceedings. Many smart Americans have opened
overseas bank accounts, and it is wise to not keep too much money where American lawyers can seize it. There is no bigger group of
thieves in the world, than American lawyers.
If you are in a lawsuit situation in America, get all your money out of the country, fast, before the USA lawyers can put any kind of
hold or freeze on it. But you shouldn't keep substantial assets in the USA in the first place. Sell any USA real estate and rent instead,
get that money out where it is safe. Certainly, don't ever expect any justice from American courts. Expect the judges and both sides
of lawyers to tilt toward the government, or toward the big company that can pay bribes on a regular basis. All that most people get
out of American courts, is grief, and lawyers stealing their money. Best not to approach American courts unless absolutely necessary.
Despite the commonplace fraud and dishonesty of American lawyers, it's still important to have one if you must be in an American
court. The reason is that American judges absolutely hate people who come to court without lawyers, especially if they have any
money at all. The judge takes it as a personal insult if you are not giving some money to one of his lawyer friends, and will tend to
take revenge on you unless you hire a lawyer, even a very stupid one, to stand by your side.
What American lawyers love to do, is to steal all your money, tell you a bunch of false promises and lies, and then do nothing for
you, while they sell you out to the other side. That is a perfect scenario for an American lawyer. A lawyer's goal is to squeeze as
much money from you, while at the same time doing as little as possible to rock the judge's political boat. Some lawyers even make
money by the "research and review" scam, where they don't even agree to represent you, but just steal your money to "research"
your case.
Accept in advance that an American lawyer will rob you and betray you, and everything will go more smoothly if you quietly
understand this. Never actually trust an American lawyer, but don't let on that you know he's a crook. Don't tell the lawyer how
much money you really have, he will try to get all of it. Try to pay a lawyer very slowly, in small chunks, that will keep him more
interested, and prevent some of the bigger robberies and betrayals, and will leave you some money to try another lawyer if things
get too awful. Remember, once you give a USA lawyer any money, it's almost impossible to get it back. Lawyers will almost never sue
another lawyer, and if you go to court, the judge will almost certainly protect the lawyer who defrauded you (and get a share of the
money, of course). Lawyers and judges in America like people to appear to be submissive and stupid and easily manipulated. They
like to feel superior to you. By letting them think that you are weak and falling for their lies, you may give yourself some breathing
room. This tactic has even enabled some people to stay alive and not get murdered, and to escape from America back to safety.

The growing American nightmare


It is just getting worse and worse in America's legal system. For some years now, the USA judges and lawyers have gotten used to
denying people justice, to the great flow of bribery money, and even to committing felony crimes in broad daylight and getting away
with it. It just keeps on escalating. Though a social explosion is lurking beneath the surface - with judges starting to get murdered,

and people lighting courthouses ablaze - the people who run America are letting the current system chug along as it is, justice be
damned, and to hell with the people who seem to have no way to fight back.
It can't go on like this forever, but it may get a lot worse first, despite the fair internet visibility on documented American legal
corruption. One should note a brave and promising grass-roots attempt at judicial reform in the USA called (Jail 4 Judges www.jail4judges.org), which attempts to place onto American ballots, a referendum for a new procedure to give citizens a real right
of redress against corrupt judges. It is a wonderful and beautiful idea that deserves success, and will help transform America if it
moves forward. Regrettably, though, for all the usual reasons of fear, there is no one with any big money or media clout, yet making
a foray against the real-life nightmare of America's courts and prisons. It remains a taboo subject for the American media, and the
media silence feeds and encourages the whole machine of bribery and repression.
Perhaps, though, it will not be until after America has had a major economic or social cataclysm, that the big American machine of
legal corruption finally comes to be reformed. Sociologically speaking, it's astonishing how disgraceful American lawyers have
become - they are now both the mafia and the gestapo of American life. America's lawyers, as a whole, have had little to say about
Americas recent international crimes of prisoner abuse, and violation of international human rights agreements. American lawyers,
as always nowadays, are "playing the game" with America's government and its judges. America, indeed, does not have the rule of
law at all. Instead, it is just the rule of lawyers, lawyers who crave money and power. And, in America, it can be jail or worse for
anyone who tries to fight these lawyers. The reality of the United States of America is that Americans, despite their overall wealth
as a nation, are now a people living in a society of great fear. Their fears are complicated, and many Americans cannot even put
their fears into words. They are afraid of lawyers and the prison system, afraid of losing their jobs in a brutal society with no social
safety net, afraid of needing health care in a disastrous system with no health plan. And Americans are afraid of what will happen if
they try to question the system and the way things work. They often feel helpless and powerless against the great forces dominating
their country. American citizens are confused and fearful, and gullible to propaganda. Because Americans have difficulty in sorting
out their many fears, they have become ripe candidates for racial and religious hatreds, and for following their government into
war. The issues of "terrorism" and war distract the emotions of Americans from the terrible problems in their own society at home.
The foreign "enemy" gives Americans a face on which to project their fear and their anger. The result is the horrifying misconduct of
some Americans in these wars; while back inside the USA, there is increasing corruption and repression in the legal system.
Americans desperately would like to believe that they still live in a "free" country, as it is so horrifying to them to face the ugly
truth, that their freedom is already largely lost. Americans can imagine they are "free" because they can still choose among different
products to buy, or quit their job, or buy a gun at the store. And the Americans most likely to imagine they are still "free" are the
ones who have not yet been trapped in the halls of Americas legal system. They have not yet seen the lawyers and judges who smirk
and laugh as they deny victims the most basic human rights. The truth is that, inside America, a nightmare has begun. The lawyers
and judges and courts, "playing the game", regularly trample upon the freedoms that Americans thought they had. It is people like
myself, escaped from the USA, living in kinder and gentler places, who are now the lucky ones. No one should ever again be fooled
by USA propaganda about being the "land of freedom". Those who are thinking of travelling to, visiting, or working in America,
should think again. It might not be worth the risk of being in a country that has one of the most crooked legal systems in the world.

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