| Before going to any court, read this order delivered on 20th June, after the govt. granted the exemption to CBI. ENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No. CIC/SM/A/2011/000240/SG/12970 Appeal No. CIC/SM/A/2011/000240/SG Relevant Facts emerging from the Appeal: Appellant: : Mr. S. P. Mishra, Advocate, Sector-K, B 1155, Aliganj, Lucknow (U. P.) Respondent: : PIO & Dy Inspector General of Police Central Bureau of Investigation Anti Corruption-I, 7th Floor Block No. 3, CGO Complex Lodhi Road, New Delhi-03 RTI application: 09/07/2010 PIO reply: 10/08/2010 First appeal 19/08/2010 FAA order 12/10/2010 Second appeal 03/11/2010 Information sought: Information was sought about the Bhopal Union Carbide matter: 1. When did you get the investigation of the case? 2. List of those charged in the case. Which of them were examined and reasons for delay in examining them? 3. What actions were undertaken by you on the issues of compensation and rehabilitation? 4. Names of persons against whom action was required to be taken. Who were the powerful ministers and bureaucrats against whom action could not be taken? 5. Number of deaths, number of people dependent on those who died and those afflicted by diseases? PIO's reply: Point-1 CBI took up investigation of the case from 06-12-1984 Point-2 The following persons/company are charge-sheeted by CBI: i) Warren M. Anderson. the then Chairman. Union Carbide Corporation, America (ii) Keshub Mahindra the then Chairman. Union Carbide Corporation. Mumbai . (iii) Vijay P. Gokhale, the then General Manager. Union Carbide India Limited, Mumbai (iv) Kishore Karndar, the then Vice-President Incharge, Union Carbide India Limited . Mumbai (v) J Mukund, the then Works Manager. Union Carbide India Limited. Bhopal (vi) Dr. R. B: Rai Choudhary, The then Assistant Works Manager Union Carbide India Limited . Bhopal - (vii) S.P. Choudhary the then Production Manager, Union Carbide India Limited, Bhopal (viii) K. V. Shetty, the then Plant Superintendent, Union Carbide India Limited , Bhopal (ix) S. I. Qureshi, the then Production Assistant, Union Carbide India Limited , Bhopal (x) Union carbide Corporation, United States of America (xi) Union Carbide (Eastern) Inc. Hongkong (xii) Union Carbide India Limited, Calcutta No delay was caused in the examination of any accused person except Mr. Warren Anderson of the case during investigation. CBI couldn't examine and record statement of Mr. Warren M Anderson as he was absconding. Point 3 CBI was not involved in the matter of compensation and rehabilitation, Point-4 The list of persons/company indicated by CBI in Charge sheet dated 01-12-1984 is mentioned at SI. No.2 of the answer, Point-5 In CBI Charge sheet, 2850 deaths were mentioned: Grounds for First appeal: Dissatisfied with the information provided. FAA order: The FAA gave some additional information. Grounds for Second appeal: Complete information not provided. In query-1 reasons for delay in investigating Mr.Warren Anderson and other was not provided. In query-3 the number of deaths mentioned by CBI is 2850 whereas the number of deaths actually was 15000. Reasons for the delay in the investigations have not been provided. Relevant Facts emerging during Hearing: The following were present Appellant : Mr. S. P. Mishra on video conference from Lucknow Studio; Respondent : Absent; The Appellant states that on 06/12/1984 the case was given to CBI and Mr. Warren Anderson of Union Carbide had come to India after that. Hence if there are any reasons on record for not interrogating him these should be provided. The Appellant claims that he should be provided information regarding issue of compensation. However the CBI has stated that they were not involved in the matter of compensation and rehabilitation. Decision: The Appeal is allowed. The PIO is directed to provide the information about the reasons for not interrogating Mr. Warren Anderson as per available records to the Appellant before 10 July 2011. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act. Shailesh Gandhi Information Commissioner 20 June 2011 (In any correspondence on this decision, mention the complete decision number.) AN --- On Wed, 22/6/11, Sunil Ahya <sunilahya@gmail.com> wrote:
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