Proceedings before the Chief Judicial Magistrate, Bhopal
on July 16, 2003 in Criminal Case No. RT- 8460/96


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State Versus Keshub Mahindra and other accused
Bhopal Gas Peedit Mahila Udyog Sangathan, Bhopal, Bhopal Gas Peedit
Sangharsh Sahayog Samiti, New Delhi and Bhopal Group for Information and
Action, Bhopal [Assisting the Prosecution]Chief Judicial Magistrate : Mr. N S Dixit
Counsel for the prosecution : Mr. C. Sahay [Special Public Prosecutor]
Counsel for the accused : Mr. Rajendra Singh, Mr. D Prasad, Mr. Ajay
Gupta
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Deposition and Cross Examination of two Prosecution Witnesses, submission
of letters related to request for extradition of Warren M Anderson and
documents related to merger of Union Carbide Corporation, USA with The Dow
Chemical Company, USA.
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Prosecution Witness No. 100: Mr. J K Khanna, retired Meteorologist Grade I
I was the person in charge of the Meteorological Centre in Bhopal in 1984.
We have one office at Bairagarh in 1984 I used to sit in the office in the
Arera Colony. The Bairagarh Observatory was then under my charge and I used
to look after the work of the Observatory.
These Anemographic, Thermographic and Hygrographic Charts [Exhibit 2618 -
2620] were recorded by machines at the Bairagarh Observatory. The
signatures on these Charts are mine. These Charts were handed over to CBI
by me with an accompanying memorandum [Exhibit No. 2621].
Cross Examination of Mr. J K Khanna [JKK] by Mr Rajendra Singh [RS]
RS : There are two methods of recording used in meteorological
observations, aren't there?
JKK : Yes there are two methods of measurement.RS : One is mechanical or instrumental and the other is by eye ?
JKK :That is right. I would like to add that even when you say eye method,
you are actually reading an instrument.
Prosecution Witness No. 101: Mr. V K Dham [49] son of Mr. A L Dham,
currently Inspector Anti-Corruption, Government of NCT Delhi.
I was in CBI from 1st January 1987 to 31st December 1993. In 1992 I was
posted in CBI ACU Unit. I carried out partial investigation in 1992 in the
matter of RC/3/84/ACU-III CBI , New Delhi. In the course of my
investigations I recorded the statements of 16 doctors. They were Drs.
Rekha Baijal, Manmohan Nanda, Jeet Kumar, Manju Mathur, R K Shrivastava,
Laxman Das and others.
Other than this I recorded statements of 21 victims and other witnesses
during the course of the investigation. Some of the persons whose statement
I recorded are : Bhaiyalal, Mohammed Sayeed, Umrao Singh, Abdul Rashid,
Anwar Ali, Kishan Bahadur, Ashoke Kumar Sharma and Roop Singh. After
completing my part of the investigation I included the statements recorded
by me in the Case File.
Counsel for the Accused Mr. rajendra Singh chose not to cross examine the
witness.
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Mr. C Sahay, Special Public Prosecutor, Counsel for the Prosecution
Central Bureau of Investigation [CBI] presented a set of letters and their
oral report that suggest that the request for extradition of Warren M
Anderson, former Chairman of Union Carbide Corporation, USA has been handed
over to the US State and Justice Departments. The CBI Counsel stated that
confirmation, that these documents have been received by the appropriate
authorities in the US Government, has been received.
To,
Alok Prasad
Deputy Chief of Mission
Embassy of India
Washington DC
USA
May 5, 2003
Dear Alok,
Enclosed herewith are documents in original in 3 volumes in respect of the
request for the extradition of Warren M Anderson. The documents have been
duly forwarded by the Ministry of External Affairs and authenticated by the
United States Embassy in New Delhi.
You are requested to forward the extradition request to the concerned
authorities in the United States for onward transmission to the appropriate
judicial authorities for the extradition of Warren M Anderson.
Yours sincerely,
Sd. B A Roy
Joint Secretary [CPV]
Ministry of External Affairs
New Delhi
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May 20, 2003
S Paramvir Singh
JD AC [HQ]
CBI
RC 3/84 ACU - I Extradition Proceedings against warren M Anderson [Bhopal
Gas Leak]
Sir,
Kindly refer to your letter no. 937 / 3 /3/84 / ACU - I New Delhi dated
21st April 2003 forwarding the extradition request for accused Mr. Warren M
Anderson in above mentioned case.
The request of documents in original in 3 volumes along with 2 sets of
copies of 3 volumes each has been forwarded to the Embassy of India,
Washington DC on May 6, 2003 through diplomatic bag. A copy of letter dated
May 5, 2003 addressed to Mr. Alok Prasad, Deputy Chief of Mission is
enclosed for your ready reference.
Issued with the approval of Joint Secretary [CVP].
D K Ghosh
PRO [Ext]
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The Chief Judicial Magistrate emphasized the need to increase the pace at
which the case was proceeding. He offered to stop other work to be able to
pay full attention to this case so that the pace could be improved. He also
suggested having four or more days of hearing instead of the usual two day
hearings in the case.
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Mr. C Sahay, Special Public Prosecutor, Counsel for the Prosecution Central
Bureau of Investigation [CBI] submitted the following application in the
matter of indictment of The Dow Chemical Company, USA in the case of the
December 1984 Union Carbide disaster in Bhopal.
Case No. RC No. 3 / 84 ACU-I CBI, New Delhi
State vs. Warren M Anderson and other Accused
May it please your honour :
1. That in the aforementioned case the Honourable Court vide order dated )7
/ 09 / 2002 granted permission to the prosecution for verification of
documents relating to merger of Union Carbide Corporation, USA with Dow
Chemicals, USA.
2. That accordingly documents namely : i. Copy of Registration Statement of
Form S-4, ii. Copy of the Amendment to Schedule 13-D, iii. Copy of the
Current Report on Form 8 K, have been received from USA through the
Ministry of External Affairs.
3. That copy of Agreement and Plan of Merger among Union Carbide
Corporation, USA and Dow Chemicals, USA dated 09 / 08 /1999 was not
received from USA. Hence a copy of the same duly certified by company
secretary of Dow Chemical's Office, Mumbai, has been obtained from Dow
Chemical, Mumbai, India.
PRAYER :
Under the circumstances all the documents collected as aforesaid are
submitted in the Honourable Court for perusal of the Honourable Court and
further orders as deemed fit in the matter.
July 16, 2003 Satvir
Singh
Assistant Superintendent
CBI ACU - I
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Order Sheet
State through Special Public Prosecutor Mr. C Sahay Present
Accused No. 6 Deceased
Accused No. 1, 10 and 11 have earlier been declared absconders.
Senior Counsel Mr. Rajendra Singh and Mr. D Prasad on behalf of
representative of Accused No. 12 and rest of the accused.
Proceedings for the day consisted of deposition and cross examination of
witnesses Mr. V K Dham and Mr. J K Khanna. Other witnesses failed to appear.
Mr. Sahay Special Public prosecutor stated that he has to travel to
different parts of the country to represent the CBI, hence the dates for
the next hearing should not be fixed for the last week of August.
Application was considered. This is a very old case whose speedy disposal
is very important. The list of witnesses is also very long and statements
of many witnesses remain to be recorded.
Learned counsel for the CBI Mr. Sahay is directed to ensure the presence of
adequate number of witnesses at the next dates of hearings whose deposition
and cross examination can take place.
The next hearing on the case is scheduled for 16 and 17.09.2003 for
prosecution witnesses.
Sd. N S Dixit
Chief Judicial Magistrate
Bhopal