Union Carbides Pending Criminal Charges in Bhopal

5 Union Carbide s Pending Criminal Charges in Bhopal 

50From The Hindu (March 22,2004) Bhopal Tragedy Payment Sought from Compensation Fund Balance. 51EIIL took exclusive possession of the land under lease from the government of Madhya Pradesh. 52These assets have since been reallocated towards construction of a hospital for Bhopal. However, this asset transfer has not obviated the potential liability of Union Carbide in the criminal case. 

55Paragraph 214 of Supreme Court judgment of October 3, 1991, in (1991) 4 SCC 584 Union Carbide Corporation and Ors versus Union of India and Ors The Court sets aside the quashing of criminal proceedings against UCC and others, and reinstates the proceedings.  

Indian courts are based on a British system of jurisprudence, which means that penalties of restitution can be levied in criminal cases. In the case of the crimes that Union Carbide is charged with, there is no upper limit for the penalty amount. According to Indian lawyer S. Muralidhar, the penalty amount is left to the discretion of the Court, and usually depends upon the magnitude of the crime and the ability of the criminal to pay. 

In 1992, the Chief Judicial Magistrate ordered that Union Carbide Corporation be proclaimed an absconder for repeatedly failing to honor summons to face trial. Thus, in India, Union Carbide is considered a criminal fugitive. 

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