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Editor: Nagaraja.M.R.. Vol.16.....Issue.66..............09/08//2020
PIL - Bhopal Gas Leak
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
Honourable Chief Seceretary , Government of Madhya Pradesh & Others
....Respondents
PETITION UNDER ARTICLE 21 , ARTICLE 14 – 16 , ARTICLE 21 , seeking Justice , compensation and for issuance of WRIT of MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Union carbide plant ( UCIL ) was unsafe and indulged in unsafe work practices , maintenance was inadequate.
D . Even a local journalist through a news publication publicly brought to notice of authorities concerned perils of Bhopal gas plant , years before the Bhopal gas leak , industrial accident occurred . He forewarned.
E . Inspite of forewarning Madhya Pradesh Industries , Factories Inspectorate departments failed to take adequate steps , allowed the UCIL plant to run uninterrupted.
F . Inspite of forwarning Madhya Pradesh state pollution control board failed to take adequate steps , allowed the UCIL plant to run uninterrupted.
G . Madhya Pradesh state government side by side with UCIL management is equally responsible for the Bhopal gas leak case. It failed to do it’s statutory duties and to prevent disaster in time.
H . Even after the disaster took place , Madhya Pradesh state government and Government of India instead of legally prosecuting Mr.Warren Anderson ( Head of UCIL) who was in custody , illegally , brazenly helped him to run away from law.
I . Even after the disaster took place , Madhya Pradesh state government failed to legally arrest and prosecute union carbide top executives.
J . Union Carbide USA head quarters wanted lucrative Indian market , cheap Indian resources , cheap Indian labor , lax Indian laws but didn’t have the decency to respect Indian laws.
K . Government of India , Government of Madhya Pradesh failed to seek extradition of Mr. Warren Anderson and other top Union Carbide executives from USA. They failed to get right cost & compensation from US Corporate giant & US government.
L . The government of USA and Supreme Court of USA is practicing double standards , just see the example of BP oil spillage in USA territory by a UK based corporate giant. The government of USA & Supreme Court of USA extracted huge cost & compensation from UK based British Petroleum , for American citizens suffering due to the oil spillage. The arrogant Government of USA & Supreme Court of USA shamelessly perceives lives of Americans precious and others as cheap. Our spineless Indian government , supreme court of india bows , kow tows before them.
M . The government of India & Government of Madhya Pradesh who are themselves culprits alongwith UCIL to cover up their own crimes , to favor US multinational enacted a new law curtailing the legal rights of Bhopal gas victims , Indian citizens.
N . Shamelessly Supreme Court of India , went a step further Then Chief Justice of India Justice Ahmadi & his bench colleagues diluted the penal charges of prosecution.
O . Till date neither Union Carbide nor DOW who took over the management of Union Carbide has paid right cost & compensation nor they have cared about the clean up of Bhopal gas disaster site till date even after decades.
P . When Government of USA & Supreme Court of USA does not respect Indian Laws , Indian citizens why should American Citizens , American Corporations , American Interests in Indian territory should be protected ?
2. Question(s) of Law:
Are Multi national Corporations & it’s top executives above law ? Is the acts of our ministers , judges in aiding a criminal , fugitive to run away from law just , legal ?
3. Grounds:
Requests for equitable justice , legal prosecution of guilty under ARTICLE 21 , ARTICLE 14 – 16 , ARTICLE 21 , seeking Justice , compensation and for issuance of WRIT of MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
4. Averment:
Give what action has been taken against culprits involved in Bhopal gas leak case till date.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourable supreme court of india to legally prosecute Madhya Pradesh state government industry department , factories safety & Inspectorate department and MP Pollution Control Board officials for criminal negligence of duties.
(iii) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian government ministers and officials who helped fugitive Mr. Warren Anderson to run away from Indian law.
(iv) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian government ministers and officials who failed to seek extradition of Mr. Anderson and other UC top executives from USA.
(v) ) Hereby , I do request the honourable supreme court of india to legally prosecute the MP state government & Indian government ministers and officials who failed to extract appropriate compensation , costs from Union Carbide or from DOW or from counter guarantor Government of USA till date.
(vi) Hereby , I do request the honourable supreme court of india to declare void , annul the Bhopal Gas Victims Act and related enactments , government orders passed by both Government of India and Government of Madhya Pradesh which curtails the constitutional rights of Bhopal gas leak victims.
(vii) Hereby , I do request the honourable supreme court of india to legally prosecute former chief justice of india Mr. Ahmadi & his bench colleagues who diluted the prosecution charges against union carbide and it’s top executives.
(viii) Hereby , I do request the honourable supreme court of india to order DOW Chemicals to pay the appropriate cost & compensation towards Bhopal gas leak disaster.
(ix) Hereby , I do request the honourable supreme court of india to order Government of USA , Supreme Court of USA to respect Indian Law if they want reciprocal respect. To order government of USA & Supreme Court of USA to extradite former top executives of Union Carbide to India , to ensure appropriate payment of cost , compensation in the said case as government of USA happens to be a counter guarantor.
(x) To declare President of USA & Chief Justice of USA as criminals for their double standards , for aiding perpetrators of man slaughter at Bhopal .
(xI) To order for CBI investigation into assets of Mr.Ahmadi , ministers , government officials who helped union carbide & it’s executives.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 07th November 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India…………………………………………..Petitioner in person
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