Sunday, June 13, 2010

Bhopal Gas Case

7th June 2010 created jitters in Electronics Media. As soon as the Chief Judicial Magistrate Mohan Tiwari delivered quantum of sentence on the accused of Bhopal Gas Case, the media cried on the term of sentence awarded to the accused. The electronics media ran after the political leaders for their comments on the lesser sentence. As usual every leader replied in the manner which has been set out by the interviewer. The Government and the opposition both tried to follow the suit. Madhya Pradesh where the tragedy happened is being ruled by the BJP which is principal opposition party in the center. Shivraj Singh Chauhan did not loose time to declare that the Government will look into the matter. The pertinent question is who is authorized to look into the matter? The state government machinery of Madhya Pradesh was looking into the matter since it happened in December 1984. When the incident happened at that time Congress Party was ruling the state but thereafter BJP has ruled the state for equally period of time. Once the matter was put before the Judiciary one of the three organs of the State, it does not matter who is/was the party ruling the state. Public Prosecutors fought the battle in lower courts and Advocated appointed by the State Government fought the battle in higher courts. Everybody was knowing that the judgement would be based on the section 304A and the sentence would be according to Indian Penal Code. Then why a hue and cry on shorter sentence.

Mr. Ahmadi who was the Chief Justice of India while rejecting the review petition for converting the section 304A to 304 (2) has fixed the maximum sentence. What else was nation expecting?

Immediate after the news every channel tried to find out how Adnderson was released on bail and how he was sent from Bhopal. The then District Magistrate, Superintendent of police, even the pilot of the plane became hero by boosting that they followed the directions given from the Chief Ministers Office. These gentlemen are trying to show that they are holy cows. If releasing Mr. Anderson on bond was illegal then the question arises what action was taken against the police officer who released Mr. Anderson illegally and having no jurisdiction to do so.

We all know that whenever any corporate house is involved in any criminal case, it hires the best of advocates of India, and the case is adjourned on ticklish issues. The case involving political personalities also result in the same manner. We all know Babri Demolition Case is pending since 1992. What happened when a rich person killed the innocent persons while driving a car? Hefty compensation is offered to the victims to make them agree for out of the court settlement.

One has to find out what were the laws in 1984 so for Environment is concerned. Bhopal Gas tragedy led to many laws and notifications. The Environment (Protection) Act was legislated in 1986. Hazardous Waste Management Rules were framed in 1989. Hazardous Chemical Accident Rules were framed thereafter. But one can find that these rules are not being executed in letter and spirit by the regulatory agencies even now.

Few are also trying to find out the role played by Central Government at that time when Mr. Anderson flew from India. It is just natural in India to blame the opposition party for any such moment which is highlighted by Media. Congress was running the the Government in 1984. But India has been ruled by opposition parties in later years. Mr. Vishwanath Pratap Singh, Mr. Devgauda, Mr. Chandershakher and Mr. Atal Bihari Vajpayee has been the Prime Minister of India. These all political personalities could have taken the issue of extradition of Mr. Anderson with America.

All the debate is heading towards personal benefits. No one is looking at what to do in the present circumstances. Blame game is on and the victims are dead and remaining are living hard life.