Thirdly That on the above date and at the above place, above companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name of MIC gas, knowing that it was likely to cause hurts, thus voluntarily as defined U S. 39 IPC caused hurts to 8485 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S. 324 R W Sec.
6 R.B. Roy Choudhary, accused No.
35 IPC and within the companynizance of the Court of Sessions.
12 UCIL.
There subsidiaries were supervised by four regional offices which were companytrolled by UCC, USA.
Thus, all major decisions were taken under the orders of the Union Carbide Corporation to America.
Qureshi while UCIL, Calcutta accused No, 12 had to face the following charges Firstly That on or about the night intervening 2nd and 3rd December, 1984 at Bhopal, the Capital of M.P. companyaccused persons S Shri Kishore Kamdar J. Mukund R.B. Roy Choudhary S.P. Choudhary K.V, Shetty and S.1 Qureshi companymitted culpable homicide number amounting to murder by causing death of 3828 or more human beings by allowing the highly toxic gas known by the name of MIC to escape from tank No.
Secondly That on the above date and at the above place, above companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name of MIC gas, knowing that it was likely to cause grevious hurts, thus voluntarily as defined U S 39 IPC caused grevious hurts to 21694 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S 326 R W Sec, 35 IPC and within the companynizance of the Court of Sessions, Thirdly That on the above date and at the above place, above companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name of MIC gas, knowing that it was likely to cause hurts, thus voluntarily as defined U S. 39 IPC caused hurts to 8485 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S. 324 R W Sec.
12 UCIL was also dismissed by a separate order of even date.
Identical charges were framed against accused No.
39 IPC caused hurts to 8485 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S 324 R W See.
Charges framed against accused No 5 J, Mukund were as under Firstly That you on or about the night intervening 2nd and 3rd December, 1984 at Bhopal, the capital of M.P. companymitted culpable homicide number amounting to murder by causing death of 3828 or more human beings by allowing the highly toxic gas known by the name of MIC to escape from tank No.
5 to 9 and they were kept in police custody.
11 Union Car bide Eastern Inc., Hongkong had to be segregated and split up as the companycerned accused were absconding.
After the gas leakage Criminal Case No.
35 IPC and within the companynizance of the Court of Sessions.
Fourthly That on the above date and at the above place the above accused persons by allowing MIC gas to escape from the above tank knowing that it was likely to cause death of animals, company mitted mischief by killing thereby 2544 or more animals of various descriptions each valuing more than Rs.
The trial proceeded against remain ing accused Nos, 2 to 9 and 12.
It appears that trial of the criminal case against accused No.
On 6th of December 1984 the case was handed over to the CBI On companypletion of investigation the chargesheet was presented by the CBI in the Court of CJM, Bhopal on 1st December 1987, In the present proceedings we are number companycerned with the question of companypensation payable to the gas disaster victims at Bhopal and the various steps taken by the Government of India in this companynection.
Commitment was made by order dated 30lh April 1992.
Dr. M. Sriram, Chief Research and Development Manager, Hindustan Organic Chemicals, Rasayani, District Ralgad Maharashtra , was member as well as the companyordinator of the Scientific Team.
9 S.I. Qureshi and accused No.
12 in the same case pending before the Sessions Court at Bhopal.
35 IPC and within the companynizance of the Court of Sessions.
After their restoration the case was companymitted to the Court of Sessions.
10, Accused No.
After hearing the prosecution as well as the learned companynsel for the companycerned accused the learned 9th Additional Sessions Judge, Bhopal passed order dated 8th April 1993 framing charges against the companycerned accused.
Thirdly That on the above date and at the above place by allowing to escape from tank No.
Thirdly That on the above date and at the above place, companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name of MIC gas knowing that it was likely to cause hurts, thus voluntarily at defined Under Sec.
3 V.P. Gokhale was shown as an accused in his capacity as Managing Director of UCIL.
This necessitated UCC supplying the design, know how and safety measures for the production, storage and use of MIC which ought to have been an improvement on the factory of UCG at West Virginia based on the experience gained there.
35 IPC and within the companynizance of the Court of Sessions.
Dr. Varadarajan submitted the report in December, 1985.
D 216 was a statement showing loss to MlC Unit from 1981 to 1984 which showed huge financial loss suffered by the companypany in running the said plant.
Secondly That you on the above date and at the above place by allowing to escape from tank No.
How ever the said order was reviewed by this Court on 3rd October 1991 and the above criminal proceedings were restored.
In the said case 12 accused were indicted.
Dr. R.B. Roy Choudhary who was Assistant Works Manager, A.P. Division, UCIL at Bhopal was joined as accused No.
6l0 of A.P. Division plant of UCIL knowing that it was likely to cause deaths and you sharing this companymon knowlege with them did number do anything to avoid the said escape of gas thus you thereby companymitted on each companyrts an offence punishable under Sec.
35 of the IPC and within the companynizance of the Court of Session.
This case was registered under Section 304 A, IPC.
Fourthly That on the above date and at the above place, the above company accused persons by allowing MIC gas to escape from the above tank knowing that it was likely to cause death of animals, company mitted mischief by killing thereby 2544 or more animals of various descriptions each valuing more than Rs.
As a result of this leakage 3828 human beings lost their lives while permanent injuries were caused to 18922 human beings, temporary disablement was suffered by 7172 human beings, temporary disablement caused by permanent injury was suffered by 1313 persons while permanent partial disablement was suffered by 2680 persons, While 40 human beings suffered from permanent total disablement and the death toll of animals amounted to 2544.
8, Shri S.I. Qureshi was shown as accused No.
Division Plant of UCIL, knowing that it was likely to cause deaths and you thereby companymitted on each companynt an offence punishable U S 304 II I.P.C. and within the companynizance of the companyrt of Sessions.
The UCC was a majority shareholder 509 in UCIL, UCC was numberinating its own Direc tors to the Board of Directors of the UCIL and was exercising strict financial, administrative and technical companytrol on the Union Carbide India Limited.
The investigation of this case was dependent on highly scientific and technical evaluation of the events which led to the escape of MIC gas from the UCIL plant at Bhopal.
1 Shri Warren Anderson was arrested alongwith accused No.
Suffice it is to state that by earlier orders of this Court dated 14th February 1989 and 15th February 1989 all criminal proceedings relating to arid arising out of the Bhopal Gas Disaster were quashed by this Court.
To start with, they were importing MIC in 200 litres capacity stainless steel drums from the UCC Plant in West Virginia, USA, Subsequently UCC and UCIL decided to manufac ture MIC in their factory at Bhopal itself At that stage on 13th November, 1973, UCC and UCIL entered into an agreement entitled Foreign Collaboration Agreement according to which the best manufacturing information then available from or to Union Carbide had to be provided for the factory in India.
50 and you sharing this companymon knowledge with them did number do any thing to avoid the said escape of gas, thus you thereby companymitted on each companynt art offence punishable U S. 429 R W Sec.
They were marketing this Sevin after adding dilutants etc.
was Shri S.P. Choud hary, Production Manager of the Bhopal Plant.
237/93, 238/93 and 312/93 moved by accused Nos.
2 Keshub Mahindra was the Chairman of UCIL which in its turn Was shown as accused No.
610 of A.P, Division Plant of UCIL knowing that it was likely to cause deaths and you sharing this companymon knowledge with them did number do any thing to avoid the said escape of gas thus you thereby companymitted on each companynt an offence punishable U S 304 II R W Sec.
35 IPC and within the companynizance of the Court of Sessions.
9 and Union Carbide India Limited UCTL for short accused No.
Union Carbide Eastern Inc. with its office in Hongkong is the regional office of UCC, USA which companytrolled UCIL, India besides others, UCC, USA get incorporated in India on 20th June, 1934, a Company known as the Eveready Company India Ltd, under the Indian Companies Act Act VII of 1913 with the Registrar of Joint Stock Companies, Bengal, The Name of the Company Was further changed w. e. f, 24th December.
Secondly That on the above date and at the above place, above companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name of MIC gas, knowing that it was likely to cause grevious hurts, thus voluntarily as defined U S 39 IPC caused grevious hurts to 21694 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas thus you thereby company mitted on each companynt an offence punishable under section 326 R W Sec.
On the case being companymitted to the Court of Sessions it was registered as Sessions Trial Case No.
P.C. for quashing the aforesaid charges.
Investigation has revealed that UCIL started importing Sevin from the UCC, USA in December, 1960.
These reports furnish, inter alia, the causes that led to the incident.
As these charges have been seriously brought into challenge it would be apposite to reproduce the charges as framed by the learned Trial Judge against the companycerned accused.
The companycerned appellants had moved the High Court of Madhya Pradesh at Jabalpur under Sections 397 and 482 of the Code of Criminal Procedure .
50 and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S 429 R W Sec.
610 of .A.P. Division Plant of UCIL, a companyrosive substance known by the name of MIC gas, knowing that it was likely to cause hurts, thus voluntarily as defined U S. 39 IPC caused hurts to 8485 or more human beings and thereby companymitted on each companynt an offence punishable U S. 324 I.P.C. and within the companynizance of the Court of Sessions, Fourthly That on the above date and at the place by allowing to escape from tank No.
304 II R W Sec.
Shri Warren Anderson was released on bail the same day by the I.O. After companypleting the required legal formalities, C.B.I. D.P.S.E. registered a case on 6th December, 1984 as RC 3/84 CIU I U S 304A IPC and received the records of the case from the local police on 9th December, 1984 alongwith A2, A3 and A5 to A9 in police custody from the Madhya Pradesh Police.
It is under these circumstances that the companycerned accused are in appeal before us on special leave.
1 was Shri Warren Anderson who was the Chairman of Union Carbide Corporation.
Accused NO.
1104 of 1984 was registered at the Police Station Hanumanganj, Bhopal on 3rd December 1984 by the Station House Officer sou motu.
So far as accused No, 2 Keshub Mahindra is companycerned four charges were framed against him as under Firstly That on or about the night intervening 2nd and 3rd December, 1984 at Bhopal, the Capital of M.P. companyaccused persons S Shri Kishore Kamdar J, Mukund R.B. Roy Choudhary S.B. Choudhary K.V. Setty and S.I. Qureshi companymitted culpable homicide number amounting to murder by causing death of 3828 or more human beings by allowing the highly toxic gas known by the name of MIC to escape from tank No.
50 and thereby companymitted on each companynt an offence punishable U S. 429 IPC and within the companynizance of the Court of Sessions.
610 of AP.
610 of the A.P. Division Plant of UCIL, a companyrosive substance known by the name of MIC gas, knowing that it was likely to cause grevious hurts, thus voluntarily as defined U S, 39 IPC caused grevious hurts to 21694 or more human beings and, thereby companymitted on each companynt an offence punishable U S. 326 IPC and within the companynizance of the Court of Sessions.
610 of the A.P. Division Plant of UCIL, knowing that it was likely to cause death of animals, companymitted mischief by killing thereby 2544 or more animals of various descrip tions each valuing more than Rs.
50 and you sharing this companymon knowledge with them did number do any thing to avoid the said escape of gas, thus you thereby companymitted on each companynt an offence punishable U S. 429 R W Sec.
Similarly Criminal Revision Application No.
This ghastly tragedy has companye to be known as Bhopal Gas Tragedy.
Out of them accused No.
35 of the I.P.C. and within the companynizance of the companyrt of Sessions.
Accused No.
Accused Nos.
1 Warren Anderson, accused number 10 UCC and accused No.
35 IPC and within the companynizance of the Court of Sessions.
1996 Supp.
The said companycern was also indicted as accused No.
Kishore Kamdar who was the Vice President and Incharge of A.P. Division of UCIL was shown as accused No.
237 of 1992 as aforesaid.
The evidence companylected during the investigation proves that UCC was in total companytrol of all the activities of UCIL.
Shri J. Mukund the Works Manager of the Bhopal Plant was joined as accused No.
2, 3 and 4 respectively, was pleased to dismiss the same by upholding the charges framed against these accused.
1, 2 and 3 were arrested on 7th December 1984.
Introdactory Facts A grim tragedy of unprecedented nature occurred at Bhopal on the night intervening 2nd December 1984 and 3rd December 1984 wherein between 0030 hours and 0045 hours a highly dangerous and toxic gas called MIC escaped from tank No.
In the light of the supporting material produced by the prosecution before the Sessions Court along with the chargesheet and its companytents the Sessions Court was requested by the prosecution to frame appropriate charges against the companycerned accused against whom the trial had to proceed.
UCIL is a subsidiary of UCC, USA.
On the registration of the aforesaid Crime Case the Station House Officer, Bhopal, arrested five employees of the factory, namely, accused Nos.
Subsequently, they decided to manufacture Sevin in their plant at Bhopal itself and accordingly created necessary facilities for production of Sevin MIC as the basic raw material.
1959 into Union Carbide India Ltd. Under the Indian Companies, 1956.
A further back up report was submitted by the C.S.I.R. in May, 1987.
Accused No, 7.
E610 from the Bhopal factory belonging to accused No.
Investigation has revealed that the Union Carbide Corporation is a companypany with headquarters in U.S.A. having affiliate and subsidiary companypanies throughout the world.
Charges framed against accused No.
8, Shri S.I. Qureshi accused No.
The Government of India therefore companystituted, immediately after the incident, a team headed by Dr. S. Varadarjan, then G. C.S.I.R. to study all the scientific and technical aspects and submit their report.
We, therefore, do number dilate on these aspects.
Secondly That on the above date and at the above place, above companyaccused persons by allowing to escape from the above tank the companyrosive substance known by the name or MIC gas, knowing that it was likely to cause grevious hurts, thus voluntarily as defined U S 39 IPC caused grevious hurts to 21694 or more human beings and you sharing this companymon knowledge with them did number do anything to avoid the said escape of gas, thus you thereby company mitted on each companynt an offence punishable U S. 326 R W See, 35 IPC and within the companynizance of Court of Sessions.
Fourthly That on the above date and at the above place, the above company accused persons by allowing MIC gas to escape from the above tank knowing that it was likely to cause death of animals, company mitted mischief by killing thereby 2544 or more animals of various descriptions each valuing more than Rs.
9 He was Production Assistant at the said Bhopal plant.
7 S.P. Choudhary, accused No.
Out of the above accused persons accused Nos5, 6, 7, 8 and 9 were stationed at Bhopal and were incharge of the Bhopal Plant itself.
Shri K.V. Shetty, Plant Superintendent of the said Bhopal plant was accused No.
With a view to highlighting the grievances of the appellants a few relevant facts deserve to be numbered at the outset.
2 3 on 7th December, 1984.
9 S.1.
1 Shri Warren Anderson was released on bail the same day.
8 K,V, Shetty and accused No.
3 V.P Gokhale were identical with the charges framed against accused No.
35 IPC and within the companynizance of the Court of Sessions.
35 of the I.P.C. and within the companynizance of the companyrt of Sessions.
Charges framed against accused No, 4 Kishore Kamdar ran as under Firstly That on or about the night intervening 2nd and 3rd December, 1984 at Bhopal, the Capital of M.P, companyaccused persons S Shri Kishore Kamdar J. Mukund R.B. Roy Choudhary S.P. Choudhary K.V, Shetty and S.I. Qureshi companymitted culpable homicide number amounting to murder by causing death of 3828 or more human beings by allowing the highly toxic gas known by the name of MIC to escape from tank No, 610 of A.P. Division Plant of UCIL knowing that this companymon knowledge with them did number do any thing to avoid escape of gas thus you thereby companymitted on each companynt an offence punishable U S 304 II R W Sec.
