NEW DELHI: The multinational ‘Union Carbide Corporation (UCC) Friday dented a charge that the 470, ‘million dollar settlement for victims of the gas disaster in Bhopal in central India had been “hurried through to “Scuttle” a “probe by Indian investigators into the UCC’s West Virginia plant
Making submission before a five judge constitution bench hearing petitions for review of the settlement UCC counsel Fali Nan man described as a “red herring any suggestion that the settlement Was hurried through on February 14.1989 in the wake of permission granted by the U S justice department on a request from Indian investigators,
Carbide was responsible for what is believed to be the worst industrial disaster in December 1984 when some 2,500 people choked to death over leaking methyl isocyanine from the UCC’s plant in Bhopal in central India. The leak affected several thousand more in varying degrees.
The settlement had quashed criminal prosecution against the multinational.
Nariman accused the federal Indian government of not substantiating its statement through its attorney general Soli Sorabjee that the US justice department bad responded favorably in, this regard. He said the government had not been able to provide documentary proof any such permission granted to Indian investigators on the day of settlement:
Nariman said the attorney general’s statement forming part of the list statement forming part of list of dates, had given the impression that the US justice department had informed the Indian embassy in Washington that formalities had been completed and US authorities were ready to proceed in the matter.
He said when the UCC asked for documentary proof of this intimation of February 14, 1989, the date on which the settlement was concluded, its lawyers had been told it was only oral.
This claim is thus unsubstantiated and has turned out to be a red herring,” he told the bench.
Nariman said though the letter rogatory was issued by the Bhopal chief judicial magistrate on July 6.1982 copies had been furnished to UCC’s lawyers only last month,
He said no mention had been made either of the fetter rogatory or any “alleged response” of the justice department on February 14, 1988, in the Indian government first counter affidavit file don February this year in the view proceedings.
Nariman said in its rejoinder field in April this year. Indian had further stated that on February 17, 1989, “there was an inquiry from the justice department seeking clarification from the government of India if they still wanted to proceed with the case in the light of the reported settlement of the case.”
The UCC counsel said this affidavit was verified “on the basis of records” but it was not stated that any part of this affidavit was based on oral information. Nariman said accordingly both the earlier statement of the attorney general and the alleged further inquiry remained totally unsubstantiated.
Article extracted from this publication >> August 10, 1990
