K.CHANDRU
Dow Chemical International Pvt. Ltd. Represented by Ms. Ramolla Karnani Company Secretary – Appellant
Versus
Nithyanandam & Others – Respondent
The night of second December, 1984, was a black letter day for the Indian people when toxic gas emanated from the Union Carbide India Limited (UCIL) (owned by a multi national company viz. Union Carbide Corporation (UCC), with whom the plaintiff Company got merged itself during February, 2001) killed as many as 3000 people. Over 200,000 people got severe injuries. The case for its tort liability filed against the said company though reached its finality, the victims of the holocaust are yet to be completely rehabilitated. Speaking about the Bhopal litigation, Dr.Upendra Baxi in his book in "Inconvenient Forum and Convenient Catastrophe : The Bhopal case" (N.M. Tripathi Pvt. Ltd., Bombay 1986), noted as follows:
"The Bhopal litigation is unparalleled in the abundance of its ironies. And the cruelest and the most saddening of all these is provided by the fact that all these Herculean endeavours are for the 200,000 odd Bhopal victims who are being further revictimized in the process." (Page.2)
2.Justice V.R.Krishna Iyer made the following poignant comment in his book in "A Constitutional Miscellany" (Eastern Book Company, Lucknow, 1986):
"The ghastly assassination of Indir
2. Bharat Kumar K.Palicha and another Vs. State of Kerala and others AIR 1997 Ker 291 (FB)
6. Himat Lal K.Shah Vs. Commissioner of Police
7. Ram Bahadur Rai Vs. The State of Bihar and others (1975) 3 SCC 710
3. Communist Party of India (M) Vs. Bharat Kumar and others (1998) 1 SCC 201
5. Kameshwar Prasad and others vs. State of Bihar and another AIR 1962 SC 1166
8. Dalpat Kumar and another Vs. Prahlad Singh and others (1992) 1 SCC 719
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