Bhopal Gas Tragedy:MP HC stays criminal proceedings against Ex-DGP

In the tragic Bhopal gas leak incident, the Madhya Pradesh High Court puts a hold on the criminal proceedings complaint pending against former Director General of Police Swaraj Puri at a CJM court in Bhopal, charging him and former district collector for releasing main accused Warren Anderson in Bhopal gas tragedy case. The Bhopal Gas Peedith Mahila Udyog Sangthan's Abdul Jabbar and Shahnawaz Khan had filed a criminal complaint case at the CJM court in Bhopal against Swaraj Puri and Moti Singh alleging them for releasing Warren Anderson, chairman of Union Carbide Corporation, and aiding him to flee India by abusing their power and position, henceforth, violating the law of land. Anderson was accused no. 10 in the criminal case no. 1104/1984 registered at police station Hanumanganj, Bhopal, pertaining to the gas tragedy. The respondents filed the criminal complaint against Puri and Singh under harbouring offender (section 212), Public servant disobeying directions of law with intent to save accused from punishment or property from forfeiture (section 217) and Intentional omission to apprehend on the part of public servant bound to apprehend (section 221) in Indian Penal Code. Related Law: Indian Penal Code, 1860 The petitioner challenged the criminal case on the ground that the respondents filed the criminal case on the basis of a book published by Moti Singh and the material published in the book of the co-accused cannot be treated as evidence. The petitioner took the plea that the matter pertains to an incident that took place 33 years ago and no one ever raised any finger on the act or conduct of the petitioner as superintendent of police and still justice is denied to the victims. A famous legal maxim used often is “ Justice delayed is justice denied” and in the present scenario, the victims have been denied justice for long 33 years now. Bhopal Gas Leak Tragedy took place on the night of Decem& shy ber 2/3,1984 which caused deadliest air pollution claiming 5,000 human lives and rendering many thousands sick and handicapped. It was due to the sudden leakage of the poisonous gas methyl iso-cymae (MIC) from the Union Carbide Factory at Bhopal which was stored to manufacture pesticides. As a result of which, 10,000 people have been made permanently disabled and about 30,000 partially handicapped. About 1.5 lakh people are the victims of minor disability. Newly born babies, who could survive, have developed blue spots on their livers and are suffering from cough, asthma and eye trou& shy ble. Justice Sushil Kumar Palo hearing the plea ordered,“ Meanwhile, it is directed that the proceeding in criminal complaint case pending before CJM Bhopal shall remain stayed till next date of hearing.” Further notice was issued to the respondents.