Delayed Justice Is NO justice at all !

S

samarkadian

Active member
In 21st centuary at one side union government is attracting foreign investors like a whore while on the other side table of Bhopal gas disaster is empty for justice and right justice.


'Bhopal Gas Incident has relegated the word tragedy beyond usefulness. Word tragedy is incapable to defined Bhopal incident anymore after 25 years. It is a rusted pin pricked in to the soul of Nation of the India. That rust of delayed justice has caused the soul of the nation with incurable emptyness. When that emptyness looks back, it sends shivers down the spine and questions the conscience of that White Goddess of Law for its delay. What is the answer?

It took more than 25 years to convict just eight people to put behind bars and that is only for two years. Main culprit Warren Andernson , the owner of Union Carbide has not even been named. He must be guffawing at the Indian Judiciary somewhere in world.

This video is yelling at the insensitive deaf years of judiciary.

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Such a long time in critical matters is inviting a mandatory amendment in Indian law system for the sake of Indian populace. If not , move the case to the Naxal Courts.
 
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How much rupees is your and your children's life worth off?

Agree with you Samar.

20,000 lives (equivalent to almost 12-15 villages) were lost because of this incident. Apart from these, several lakhs of them got physically impacted, including permanent dysfunctions of body which are even passed on to their children’s.

After all this, the people responsible for monitoring the hazardous industry are still enjoying a luxurious life. - That's what justice is all about in India.

This is not all, after all this, the government has recently passed the nuclear accident cap bill. This bill limits the liability of the company in case of a nuclear disaster - My beloved PM and honorable members of parliament, could you please define the cap of their own lives before defining it for the people of India?
 
I must say that in this case the justice is not only delayed and denied but also murdered by the judiciary itself. Who is accountable for this ? Hindustan ke liye bhot bade sharam ki baat hai yeh.. It is high time that judges are also made accountable for the justice.. it is the duty of the judge or judiciary to make sure that system (police, CBI or any agency) do produce effective evidence on time.. if a judge/judiciary can't do this then change this system.. do we see any utility of this current system ?
 
Shame on the Union Law Minister who is smiling after such an unfair decision.

The real fact is that there is no such law which can crucify those criminals and ironically, our politicians are not willing to make it either.
 
It is a mockery of justice and human lives. Ironically, the US Government which proclaims to be the ardent champion of human rights and values has refused to take any action against the executives of Union Carbide responsible for their negligent behavior which led to the world’s worst industrial disaster taking such a heavy toll. Ethics demand that the US Government should have come forward immediately after the tragedy with suitable compensation for the families of victims and should have taken stern action against the erring company. Unfortunately, most of the victims were from the lower strata of society. If some bigwigs of society viz. prominent politicians or business tycoons were the victims of this tragedy, the justice would have been, perhaps, faster and fairer. The poorer always suffer more at the hands of destiny.
 
jakhar77 said:
If I own a car and the driver meets with an accident, who will be responsible?

Can learned and all-rounder scholars at Jatland shed some light on this topic?
Click to expand...

Yes, definitely you are responsible if ....

Suppose you own a taxi and that carry BPO staff. You knew that the driver you have appointed is not competent. Staff severally complaint about his rash driving or sleeping while driving. Even after all this you stick to the same guy as he is cheap and you are careless. Some day in sleep he come down the flyover along with the staff killing 5. Who is responsible? Only the driver or you too?

Knowingly possesing dangerous gas (not permitted according to law) in resident area.
Prior knowledge of the issue. From inside as well outside the organisation.
Reports earlier made in local newspapers for the possibility of accident.

Greed to have more and more benefit without caring for maintenance or law of the country in which they are working. Isnt he equally (should be more) responsible and booked under direct dhara?

Eeb ye nuclear reactor lan ki baat chal rahi hai ... koe videshi company aake la de hade (kaam issa to koe desi bhi kar sake se)... er pher unlawfully carelessness dikhae ja ek le kyun ghana paisa laya jib kaam challe rahya se ... er capacity te jyada kaam len lag jya ... ya kuch bhi jo potentially dangerous hai ... apne benefit ke liye ... to kya us company se jude bade log utterdai nahi honge? eeb 20-25 hajar mare hein ... pher te lakhyan mein jagi baat ....
 
jitendershooda said:
Eeb ye nuclear reactor lan ki baat chal rahi hai ... koe videshi company aake la de hade (kaam issa to koe desi bhi kar sake se)... er pher unlawfully carelessness dikhae ja ek le kyun ghana paisa laya jib kaam challe rahya se ... er capacity te jyada kaam len lag jya ... ya kuch bhi jo potentially dangerous hai ... apne benefit ke liye ... to kya us company se jude bade log utterdai nahi honge? eeb 20-25 hajar mare hein ... pher te lakhyan mein jagi baat ....
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Jitender, Justice for Bhopal Gas has been compromised by Union Govt for its nuclear deal aspirations. It is like inviting a bigger disaster as you said at the grave of previous one. US govt doesnt want her citizen to be prosecuted anywhere be it a civilian terrorist like Warren Anderson or a next door Joe. CBI's bulb got fused in this case. Agency didnt find it neccessary to issue a red corner notice for him.


vpsingh said:
Ethics demand that the US Government should have come forward immediately after the tragedy with suitable compensation for the families of victims and should have taken stern action against the erring company. Unfortunately, most of the victims were from the lower strata of society. If some bigwigs of society viz. prominent politicians or business tycoons were the victims of this tragedy, the justice would have been, perhaps, faster and fairer. The poorer always suffer more at the hands of destiny.
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For United States of Pizzas to listen about Warren Andernson , Bhopal gas victims were needed to be Jews. Acc to their last centuary amendment in their constitution they only emphathise with Israel. Though last year they got one idiot who talks about change. Change of what? Probably Michell's frumpy dress someday.

Destiny doesnt know poorer or richer. For destiny everyone is same. But poorer are more of vote banks but No Rahul Ghandis , No Bollywoods , No Criketers , No Arundhati Roys visit Bhopal Gas victims. For them -

हमको सितमगर अज़ीज़ , सितमगर को हम अज़ीज़
ना मेहरबां नहीं है , अगर मेहरबां नहीं

Eight years back one woman had taken an appointment with IG Police at that time in Yamunanagar , Haryana. She had gone to office for registration of FIR against his husband for dowry harrassment but in return got F***** by IG Ahalawat. After eight years , she has managed somehow with the interference of CM to register a case of sexual harrassment against Ahlawat.


Eight years for registeration of a case where a woman's dignity was tarnished. Still Goddess of Law would take another four to five years to reach on some conclusion. In the mean time the abuser will either die or would almost complete his prime years of life alike Rathod. Atleast she didnt commit suicide alike Ruchika. Had it not been the Ruchika's case she would have been molested a few more times.
 
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First of all, let me make clear that I am not at all happy with the decision. Its really justice murdered as rightly said by Mukesh.

Now, the driver has a license given by the govt. so the govt. is also responsible. How can the owner, sitting in his office be responsible for the accident?
Another example, a BMW car is imported and ran over 10 people killing all of them, who will be responsible? the car maker, the driver or the owner or the govt. which permitted the import with ageold law instated in 1860?

The problem is with the law not the judiciary as far as I think as judiciary works on laws already laid down by the legislation.
If the gas/factory was not permitted in that area then the govt. must have removed/closed the factroy. Govt. fault again.
The factory was run by the UCIL not by UC so the people working for UCIL were convicted according the law.

Next is the neuclear deal and the liability bill which is in the parliament. This bill will limit the liability of the neuclear establishments.
Why condemn judiciary when our legislature and excuetive parts of the governance are responsible wholly for the incident.
jitendershooda said:
Yes, definitely you are responsible if ....

Suppose you own a taxi and that carry BPO staff. You knew that the driver you have appointed is not competent. Staff severally complaint about his rash driving or sleeping while driving. Even after all this you stick to the same guy as he is cheap and you are careless. Some day in sleep he come down the flyover along with the staff killing 5. Who is responsible? Only the driver or you too?

Knowingly possesing dangerous gas (not permitted according to law) in resident area.
Prior knowledge of the issue. From inside as well outside the organisation.
Reports earlier made in local newspapers for the possibility of accident.

Greed to have more and more benefit without caring for maintenance or law of the country in which they are working. Isnt he equally (should be more) responsible and booked under direct dhara?

Eeb ye nuclear reactor lan ki baat chal rahi hai ... koe videshi company aake la de hade (kaam issa to koe desi bhi kar sake se)... er pher unlawfully carelessness dikhae ja ek le kyun ghana paisa laya jib kaam challe rahya se ... er capacity te jyada kaam len lag jya ... ya kuch bhi jo potentially dangerous hai ... apne benefit ke liye ... to kya us company se jude bade log utterdai nahi honge? eeb 20-25 hajar mare hein ... pher te lakhyan mein jagi baat ....
Click to expand...
 
jitendershooda said:
Yes, definitely you are responsible if ....

Suppose you own a taxi and that carry BPO staff. You knew that the driver you have appointed is not competent. Staff severally complaint about his rash driving or sleeping while driving. Even after all this you stick to the same guy as he is cheap and you are careless. Some day in sleep he come down the flyover along with the staff killing 5. Who is responsible? Only the driver or you too?

Knowingly possesing dangerous gas (not permitted according to law) in resident area.
Prior knowledge of the issue. From inside as well outside the organisation.
Reports earlier made in local newspapers for the possibility of accident.

Greed to have more and more benefit without caring for maintenance or law of the country in which they are working. Isnt he equally (should be more) responsible and booked under direct dhara?

Eeb ye nuclear reactor lan ki baat chal rahi hai ... koe videshi company aake la de hade (kaam issa to koe desi bhi kar sake se)... er pher unlawfully carelessness dikhae ja ek le kyun ghana paisa laya jib kaam challe rahya se ... er capacity te jyada kaam len lag jya ... ya kuch bhi jo potentially dangerous hai ... apne benefit ke liye ... to kya us company se jude bade log utterdai nahi honge? eeb 20-25 hajar mare hein ... pher te lakhyan mein jagi baat ....
Click to expand...


You are right but gave wrong example.
 
comparing the worst tragedy with a car accident ??

this decision is a mockery of human lives,
just think about the sentiments of those who somehow escaped death that day and were fighting and waiting for justice: what they got in the end ??
poor fellows must be thinking why didn't we die along with our loved ones !!
 
jakhar77 said:
The problem is with the law not the judiciary as far as I think as judiciary works on laws already laid down by the legislation.

Why condemn judiciary when our legislature and excuetive parts of the governance are responsible wholly for the incident.
Click to expand...

That's the main point.

Judiciary is doing fine whatever resources are provided to it. It is the fault of our legislature and above all the political unwillingness.
 
jakhar77 said:
The link below tells you something about the UC case
http://navbharattimes.indiatimes.com/articleshow/6025006.cms

When I read the news about the decision of the court in this case yesterday, the same question came into my mind.
If I own a car and the driver meets with an accident, who will be responsible?

Can learned and all-rounder scholars at Jatland shed some light on this topic?
Click to expand...


I am no learned or all rounder however let me try to answer this.

In case of a personal driver, of Course only your driver is responcible as long as u can prove he had a current license that time. I mean u checked his license before hiring. Generally u should take a copy of it as well. A company is a legal person in itself. Its very complex and vary from case to case. Generally the top mangement or a particular employee or employees(not the shareholder, who owns the company) is/are responcilble for a company's action unless they can prove otherwise. However in many cases(not always depends on the nature of act) company(because company is a legal person) also get fine along with the top management.

A company has a social responcibility(CSR) as well. However it just depend on the law of the land whether it can be tried and punished.
 
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Failed verdict from a failed state !

failed verdict from a failed state !... more to follow.

we don't learn our lessons nd will never will. there is no reason to get surprised at the verdict. this was very much expected... no big deal. instead, the indian govt should have waited another 10 years more... nd that would have been wonderful convicting those already getting ready to the grave.

the verdict has set an unhealthy precedent for the way in which big foreign companies setting up industries in the country operate, with little or no accountability. this gives us serious food for thought to revisit the entire "nuclear liability bill", or else we can expect more warren andersons. i was stunned to learn that at present there is no law to award compensation in the event of a nuclear accident... nd we talk big.

one good thing that will emerge out of this verdict will be the need nd demand to set a legislation for civil nd criminal liability, so that the issue is looked after in totality while proceeding with the nuclear liability bill. however, a lot depends on how our spineless monkeys (politicians) jump up nd down in the circular building at delhi.

lets not put our blame game on any of the three machinery that runs the country - legislative, judiciary nd executive... imo they all need total over-hauling.
 
Samar ver well put ....woh kehte hain naa-

Sitamgar, chala dil pe khanjar pe khanjar , Hame Jhakm khane ki aadt poorani hain....

Janta govt ke gola lathi kyu naa de deti???
 
Very right. There are lack of laws and the govt does not want to fix that as someday they themselves will get entangled in them. Right now they just get scot free from whatever ciorruption case they get involved in. There are numerous examples of that. Lalu, Mayawati, Jaylalitha, etc etc. The list is endless.

Compare that with Madoff case in US, he duped people of their hard earned money and with in a year he was sentenced to life impriosnment, that too I guess for several hundred years, meaning he will come out only as dead. All his property and money was taken over by govt. Now compare the same with Satyam fraud and you will see that with in few years Raju is out and will enjoy all the money he made by duping the shareholders, he wont even be asked to cough up all the money.

Giving the example of a driver and car owner here is just adding insult to injury. Someone processing such deadly material among the people and not taking care of adequate safety measures, how is that comparable with a car driver.

vijay said:
That's the main point.

Judiciary is doing fine whatever resources are provided to it. It is the fault of our legislature and above all the political unwillingness.
Click to expand...
 
Pitiful justice.

Families of the gas victims are bound to see the Bhopal verdict as a cruel joke on their patience and suffering, the verdict is indeed a piece for laughter cause the patience of the victims for the 26 years has earned nothing but BAILS for the convicted. Its a alarming situation that day by day our justice system is failing to give justice to the victims. We are yet to see any major Breakthrough in the numerous Carnages that have taken place in the country. And this being the worst industrial disaster, if not higher sentences, atleast the court could give relief to the victims by ordering a higher compensation to the poor and hurt.

//KD
 
First of all would like to say that as per saying " justice delayed is justice denied". the same is 100% right in this case becasue when the same case has to be finalised with in two or three year it took more than 25 years. it means for those who are waiting for the justice there is no justice for them.
But the same time when i was a student of law have read some quality of Indian law one of them is ' it is harder as well as flexible'. Now i can under stand our law is harder for the people like us i.e.comman man who don't have means to module the same, Flexible for those who have capicity to module according to themself.

So dear all this is flexible for people like i.e Adreson, SPS Rathore, Mayawati etc etc those have easy escape form law by manupulation.

For such kind of delayed in justice there are number of signification which has to be taken in to consideration.
1 Procedural aspect 2 pendency of huge case.3 indifferent attitude of advocates(most important).4 indifferent attitude of investigatating agency .5 loop hole provided in law on procedure.5 security to the wintessess. etc etc
there are lot more which are atributale to same.

Although there is of hue and cry about the provision under which the accused of UC has been booked i.e under section 304A, which say death caused by rash and negligent act.
Initially all were charged under Section 304 part II culpable homocide not amounting to murder but the same was droped by the Hon'ble Supreme Court in year 1994 you people thinks that the the Judge sitting in Hon'ble Supreme Court are fool, who are not able to understand the consequence of the act which the convicted persons has done. I don't thinks so..
there are certain different condition which need to take into consideration before the accused person convicted or charged under Section 304 part II, culpable homocide not amounting to murder.
For convicting or charging a person under criminal law there should be two essential part- One is actus res or second is mens rea.
Mens rea means the state of mind, intention or knowledge and actus reus means the act done towards to reach a result of mens rea.The code says that when a person engaged in commission of offence, casue death by pure accident, he shall suffer the punishment of his offence, without any addition on account of such accidental death.The offence of culpable homocide supposes an intention, or knowledge of likelyhood of causing death.In absence of intention or knowledge, the offence may be grievous hurt, or simple hurt. it is only where death is attributed to an injury which the offender did not know would endanger life or notwithstanding death being casued that the offence shall not be culpable homocide.
So in such kind of case the mens rea is always absent and untill and unless you shall prove mens rea, you can not charge or convict a person for either under section 299 punishable under 304 part I and part II or even 302 of IPC.
As there are number of case in which there are lot of victims died or injured but accused is charged with only 304A death caused by rash and negligent Act for exemple Salman Khan's case, most famous Case BMW case, in which the accused was convicted by trial court under 304 part II but the same was converted into 304A by Hon'ble Delhi High Court.

yes we can accept that this is the travesty of our judicial system which is old aged and chaged with time .The punishment provied under section 304A is less and need to amend. for which our union ministry of law Mr Moilly also said and taking step for the same.

Someone is say about case against the main MD of union carbid Mr Adreson the same has not been closed and the request of extradiction was prayed by the CBI but the same was not pressed by union govt at that time and he was declared proclaimed offender under section 82/83 CrPc. and if the Govt want then start proceeding against him.

i am not in favour of judgement but above are some lacuna observed by me during my practice as a lawyer these laws are more than 150 years old were implemented for booking the offenders against the British Raj.
 
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