US non-committal on Union Carbide CEO extradition

The subtle message coming from the US on the Bhopal gas tragedy is “case closed”. The muffled Indian response, driven by local outrage over the weak two-year prison terms awarded to Union Carbide executives by a Bhopal court on Monday, is that the case is still open.

Law minister Veerappa Moily said Warren Anderson, CEO of Union Carbide when the world’s worst industrial disaster happened in December, 1984, could still be prosecuted since he has been declared an absconder. “Accused should be present during (filing of) charge sheet... he has been declared an absconder... That does not mean the case is closed against him. He can be procured.”

But there was no whiff of “procurement” from the US side, which remained politely non-committal about the extradition of Anderson, arguably India’s most-wanted man. When journalists asked state department spokesman PJ Crowley if the US would fight against the 90-year-old’s extradition, all they received was stony silence.
Pressed on whether the US had received or was likely to receive a formal extradition request after Monday’s disastrous Bhopal gas verdict, Crowley remained opaque: “As a matter of policy, extradition requests are normally confidential.”

What is not confidential (and a shame) is that in 1992, Anderson was declared a fugitive by the Bhopal court for failing to appear for hearings. In July, 2009, an arrest warrant was issued for him after an appeal by a victims’ group. It took the Indian government 19 years to move a formal request for his extradition.    

It did so in May 2003. In June 2004, the US rejected the request saying it did not “meet requirements of certain provisions” of the bilateral extradition treaty.

Faced with public outrage, India has indicated that it might take new steps to go after Anderson who, in the meanwhile, is living out a comfortable suburban retired life with plenty of golf and soirees at a country club.

“How seriously have the US authorities ever tried to find Anderson all these years?” asked Greenpeace. Casey Harrell, a Greenpeace activist, visited Anderson in his house in Bridgehampton, on Long Island in New York state, and handed over a symbolic copy of a warrant for his arrest — but the confrontation brought a day in court no closer.

The US has reacted swiftly on curbing the corporate crimes of Enron and WorldCom, and in pressing for the extradition of British executives, but has clearly not made much of an effort to help other countries.

Crowley glossed over assertions that the Bhopal gas disaster would cloud warming India-US ties and the priorities set in the just-concluded strategic dialogue held last week in Washington.

“The Indian Parliament will have to make a judgment of the nuclear liability bill, but this criminal case should have no relation to the legislation,” said Crowley. “Our countries are closely connected; our economies are increasingly closely connected. So,

I certainly would hope this particular case does not inhibit the continuing expansion of economic, cultural, and political ties between our two nations. We fully expect that this will not be the case.”

Anderson has always denied legal responsibility and said that a $470m settlement with the Indian government in 1989 was the end of the matter.

On Tuesday, as the government was smarting under a barrage of criticism of the country’s justice delivery system, which let the seven accused in the case escape with mild two-year sentences, Moily said the case against Anderson was not over and he can be brought here and tried.

But the statement was enfeebled by a home ministry source ruling out any chance of Anderson’s extradition. “There is virtually no possibility of his extradition. Not only is the US extradition law tough, but the fact is that he is a very influential person, who was associated with a top US company. On top of that, nothing seems to have been done (by the Indian government) on this front at the opportune time,” the source said.

On the night of December 2-3, 1984, tonnes of toxic MIC gas spewed out of the Union Carbide plant in Bhopal, killing 4,000 people in their sleep. Over the years, 21,000 people died because of the lingering effects of contamination. On Monday, the trial court in Bhopal delivered the first judgment in the case, sentencing seven former officials of Union Carbide India Ltd (UCIL) to two years imprisonment. Those convicted are: Keshub Mahindra, 85, then chairman, UCIL, and now chairman, Mahindra & Mahindra;

Vijay Gokhale, then managing director; Kishore Kamdar, then vice-president; JN Mukund, then works manager; SP Choudhary, then production manager; KV Shetty, then plant superintendent; SI Quereshi, then production assistant. An eighth accused, RB Roy Choudhary, then assistant works manager, died during trial. The judgment had no word on Anderson.