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The bill's detractors fear it has no no provisions for making foreign suppliers pay adequate compensation in case of disasters.
"No. Legally and technically, we can't say it (the case against Anderson) is over. The case against him is still on...suppose he can be obtained, he can still be tried," Moily said.
He said the name of Anderson figured in the charge sheet filed by the CBI in the case.
"The investigation officer files charge sheet before the court. As per the criminal justice system, if the accused fails to appear before the court, they are entitled to declare the person as a proclaimed offender...this is the case here also as he has been declared as a proclaimed offender," he said.
Maintaining that the case is not over, the Law Minister said in case he can be "obtained" he can still be tried.
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, MEA sources said today.
Asked whether government was making or would make efforts to extradite Anderson, he said he could not comment on the issue.
"I don't know whether the central government can intervene at this stage," he said when asked whether the Centre could do something in a case where the justice came too late and the quantum of punishment was too little.
Moily explained that earlier the CBI had filed a charge sheet under Section 304 (II) under which the maximum punishment is 10 years.
"But after the case was agitated by the accused, the matter went to the Supreme Court which said it was not proper to file charges under Section 304 (II) and it has to be framed under Section 304 (A) where the maximum punishment is two years," he said.
On the quantum of punishment given in yesterday's verdict, he said "Prima facie I don't see there is much scope for agitating over the matter again for conversion of the case under section 304 (II) because the matter has already been agitated upto the (level of) the Supreme Court."
When asked whether the Government was having a relook at the Civil Nuclear Liability Bill in the wake of the gas tragedy verdict, he said the matter was already before a Parliamentary Standing Committee and "I would not like to make a comment on it."
Yesterday, he had told reporters a lot of lessons needed to be learnt from the Bhopal case while looking at questions investigation, liability, compensation and punishment. He was replying to a question whether the government would heed the message of Bhopal while finalising the Civil Nuclear Liability Bill.
Nearly 26 years after world's worst industrial disaster left over 15,000 dead, former Union Carbide India Chairman Keshub Mahindra and six others were yesterday sentenced to two years imprisonment. The outcome of the case came under attack from civil rights activists and political parties.
89-year-old Anderson, the then Chairman of Union Carbide Corporation of USA, who lives in the United States, appeared to have gone scot-free 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.
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Why is the indian express obsessing with arresting the ex CEO of union carbide. We need to focus on getting money into those who were affected to help them resume their lives. Arresting the CEO and holding a trial in an indian court does not help the victims in any way.
Entire system right from top to bottom rots. There is no transparency even after RTI Act 2005. What to expect from rotten system of judiciary, bureaucracy, corrupt government who used their energy in shielding the culprits than strengthening safety standards, prompt justice, transparency in judiciary, bureaucracy. May God give strength to crippled victims & the departed souls to rest in peace. However if God, Ghosts, Poltergeists, super natural powers exists, they should made the lives of all concerned specially judiciary in this mass tragedy no less than a hell.
it was a accident then why bring out this issue once more. just forget about what has happened and try not to happen this type of things again.
I strongly protest at the slur on our glorious political leaders. After all what did they do ? are their families more important or the 15000 dead in the tragedy. If we push the USA to extradite anderson, then suppose they dont issue visas for you know whom ? so they did the best thing told the cbi to forget about american involvement, and concentrate on the indian angle. Punishment at the end of the day, pl write 100 times I will not do it again. mera bharat mahan
what a shame,what is our PM doing?considered to be a best man in the world?do this ministers ever bother about innocent lives lost in this historical tragedy just wrtn off. where they all sleeping till now,all culprits should be bought to justice whether local/international. Wake up our P.M.,Sonia Gandhi & family,Home minister & take up some steps to save our city/ country & our innocent people. Just get rid off the internal terrorist groups. All of you, Just stop thinking of your personal Life, safety & comfort, which you all are provided with. Unlike we common people, who are always unsafe everymoment,anywhere. JUST a question, as to why all Govt.servants from Top/ bottom in our country are corrupt officers @ his or her position & do take undue advantage of onselves position. Let us all come together Save our country, Environement & its peoples.
Justice Ahmadi. Arrest him and put in Jail instead
If this can happen even then Justice can never be done to the thousand dead and maimed for life and still the thousands to be born with deformaties due to the toxic pollution.
Justice Ahmadi is requested to go Saudi Arabia to understand law and its instant interpretation.
Justice Ahmadi is the most corrupt CJI ever in indian history.He is a leading example of people who go to any length to protect the rich and powerfull.The most important aspect of any judge is his integrity and if you loose it then you loose everything.
Indian government may consult USA diplomatically for the needful help to the victims/their families.Court processes may further delay the help.
Indians will be treated like this as long as they let their political leaders do it to them. Period.
Why don't India take this as India's September 11. Indian politician should say "Either you are with us or you are against us", as Bush said.
dear on line editor, The people, the media, and the concerned all must view the matter with a detacked mind and not with an EMOTIONALLU charged mind.MaSS DEATH CAUSED mass hurt of feelings and uncontrolleed emotions were raised hence the right thinking or looking at the issue in a fair and just manner was lost to many.NO one cared to under stand why it occured?How it occured?Was there a safety engineering precaution issue on this?Did the livensing authority issue any fuideline for taking safety meausres in case if an accident?Any one examing themtter it will be obsered hat there was total failur from all sides Whe thatisthe postion isit fair andjust to blame any individual ? fayrf Kim 09th 2010 Tie 0407Hrs ist AM
Present govt.'s implements; we will eradicate poverty is infinity years; never eradicate pollution; never provide clean water; never provide better environment; pollute all river or land mass so that all Indians are driven out of India or killed and maimed a fast or slow death; promote all MNC's who break Indians law; have plenty of loop holes in Indians law to promote good living for rich and wealthy crooks; etc; eradicate Indians in India in 1 years
The whole nation is justified to have been outraged over the lenient sentence given in the Bhopal Gas tragedy. A tragedy of this magnitude should have been dealt differently. May be our Criminal Justice system need a through revision. If we could not bring union carbide Chief Warren anderson to justice, the blame goes to all who held power at the cente during the last 25 years. We have to doubt even in our claim that we are a Soverign Republic and that we are a true democracy. Any attempt to re-try those guilty of this cruel negligence will only be considered as a mockery. Learn Lessons from the past. Take necessary precautions to avoid such tragedies. Make Union Carbide pay justifiable Compensation to the Victims and their families. Union Carbide should provide the best medical care available in the world to the victims who still suffer due to the gas Leak, even if that will lead the company to go out of Business. That is their responsibility and their commitment too.
There Is A Saying In Kannada About Courts " Geddavanu Sotaa. Sattavanu Sattaa". This Means That One Who Goes To Court Inspite Of A Judgement In His Favour Has Lost Ultimately And One Who Has Been Convicted Has Already Died. As An Indian I Hang My Head In Shame. We Cannot Fully Blame The Judiciary. The Parliamentarians Have To Amend And Make New Laws If Necessary To Hasten The Legal Cases. Either They Are Hesitant,Or Unwilling Or Worried About The Hassles Which They Get Into When The Politicians Are Convicted. In The Hindi Movie 'SARAANSH' the old man who is harrassed by the customs officer when he has come to collect the ashes of his son who has died in United States and he says that " India Has No Future" Might Be We Are Looked Upon At Our Economy By Other Countries But We Are Morally Backward as also Integrity. We Have Dharma Only In Our Scriptures. Chak De India I Hang My Head In Shame Standing As A Helpless And Hapless Citizen. Good Riddance Mahatma Gandhi Does Not Live To See This
Delayed justice is no justice BUT this verdict is a kick in the face of the victims. It is a sad day for the victim and the Indian justice. The culprits will appeal but where will the victims go??? Neither the past owners of Union Carbide has been pulled up nor the present owners have been held responsible for their obligations. Double figure of Billions of US dollars should have gone to the victims, instead many have died after suffering from illnesses caused by the toxic gas. Even the new generation is suffering but responsible Bigwigs from the first world are still at large. The poor have no lobby. I hope the Supreme Court will have their sy as soon as possible and the responsible will face the consequenses their deserve.
Yes we know that. We also know that Quatrochi was let free when the con.....oops, I mean when the case was ON!
This incident has once again proved how spine less are our leaders who rule this country of more than a billion. We dream of becoming a super power whereas the rich and mighty till today are escaping without any punishment even after committing the gravest of crimes.The entire social justice system in our country is nothing more but a farce.The victims waited for 26 long years to be deceived once again..GOD BLESS INDIA.
The case fits in the British coloniasm and the imperialism and if India want to be a super power than show the guts to US multinationals in Chemical pesticides and the seed giants and no Indian farmer will succide the MNCs and TNCs are robbing India. Siot Sunder bani Jammu
At least 3,000 people were killed instantly and there afterwards due to the gas leak. More than 500,000 people were affected by gas-related diseases. What about the plight of villagers who have demanded that the Michigan-based Dow Chemical, the company that bought Union Carbide, clean up the soil and underground water at the factory site and the surrounding shanties, which were contaminated with carcinogenic chemicals such as benzene and mercury? Thousands of residents continue to suffer from chronic illnesses such as poor eyesight and respiratory and gynecological problems. What is the remedy for this malice? GOI must come out with a white paper on this episode of the tragedy and its course of action to support them.
Politicians are made to make public statements only to mislead the public. At the time of occurance of tragedy such like statements would have been made, but public memory is too short to recollect. It is all due to political interference that it took long 26 years to decide the meagre quantum of punishment of only 24 months. In the intervening period, with the active connivance of these political masters, main accused escaped out of India. Who is to blame. To divdert the attention, these polticians make statements of enacting new laws. Then what purpose the existing laws serve. Tighten the existing laws and make it mandatory for the courts that they should ensure that every case is decided within one year from the date of institution without compromising the common practice of adjourning the cases at the request of the pleaders, which needs to be discouraged and straightway rejected. In the present set, it is impossible that any such suggestion will be entertained.
What is the severity of the case and what is the severity of the judgement.It is a difference of earth and sky.If such type of things happened in other developed countries,what type of judgments are given there,and what is the hurdle in pronouncing such type of judgments in this country.Some amount of research is necessary to go deep into the matter and if necessary,the matter should be referred to law commission to make suitable legislations to punish the guilty,even if it is a multinational company belonging to wealthy country.It should be eyeopener and taken as a stimulation to make necessary alterations in the law of the country. It should be thoroughly discussed in the parliament and appropriate taken to punish the guilty and compensate the victims.
What is the severity of the case and what is the severity of the judgement.It is a difference of earth and sky.If such type of things happened in other developed countries,what type of judgments are given there,and what is the hurdle in pronouncing such type of judgments in this country.Some amount of research is necessary to go deep into the matter and if necessary,the matter should be referred to law commission to make suitable legislations to punish the guilty,even if it is a multinational company belonging to wealthy country.It should be eyeopener and taken as a stimulation to make necessary alterations in the law of the country. It should be thoroughly discussed in the parliament and appropriate taken to punish the guilty and compensate the victims.
Moily is full of crap. Our worthless governments could not do anything for 26 years. Moily may be praying for the early death of Anderson to escape from further ignominy. Before talking about Anderson, Moily should go into further details. The then Corporation Commissioner of Bhopal (I believe it was Buch) was dead against the plant being set up in populated area. As usual, influential politicians were bribed or bought and permission to set up the plant was obtained. Let Moily go after those corrupt politicians before going after Anderson. Coming to the question of damages, how much is an Indian life worth in the event of death in an air crash? Does the air line carriers in India pay the same amount that is paid by the US carriers? I doubt very much. I am not against the victims getting more money; but normally the politicians siphon bulk of this amount as it had happened in the Union Carbide settlement. How much relief did the victims get out of $470 million settlement, Mr. Moily?
American stooge Manmohan US Singh will be happy that any American company or American people didnt have to suffer. His daughter resides in America and as for him, he is more than 70 yrs old. No wonder he cares more about American interests. Fellow Indians - Please take to the streets against the Nuclear Liability Bill.
What a shame, instead of resigning and leaving the party which comporised with the lives of 30,000 poor Indians, Law Minister is giving sermon to CBI Joint Director (Retired) for exposing Congress government of the tome of Bhopal Tragedy. As it is not enough, Law Minister is trying to fool the nation that Anderson's Extradition efforts will continue and case is not yet over. Can he tell the nation that who facilitated uncle Quottrocchi and Anderson's escape from India? Congress has been exposed and people will respond in appropriate manner and it is time for Congress allies to ponder over whether they want to be aprt of this party's sins or would keep distance.
These Evil BJP supporters blaming congress, but Congress doing well still need improvements Murderers of Orissa and Gujrat must punish they had killed own indian citizen specially from muslim and christian community such people are more dangerous than terrorist. In India BJP is the terrorist creater party.
Stick to the subject being discussed and dont bring yr rice bag conversion here
Twenty five thousand people are dead, several thousand are paralyzed and blind, faux verdict came after twenty five years%u2019 long wait then culprits get only two years%u2019 jail. Even the useless government can not find union carbide Chief Warren Anderson. Our great law minister said that justice for Anderson is not a closed chapter. Therefore we will have to wait for another twenty five years. Finally after the verdict Anderson might be brought not from the earth but from the hail. Government and all the political parties are indifferent. They are num. They don%u2019t care since it will not affect their vote bank. If it might happen in western countries, culprits might get at least ten years jail. Shame on judicial system, shame on government and all political parties.