[HumJanenge] Bhopal gas tragedy: Out-of-court settlement records missing?

http://www.hindustantimes.com/Bhopal-gas-tragedy-Out-of-court-settlement-records-missing/Article1-640298.aspx

Has the file relating to the two-decade-old out-of-court settlement
between the Government and the Union Carbide in Bhopal Gas tragedy
case gone missing? The crucial file containing developments, which had
led to the settlement in February 1989, and details of views expressed
by officials and file notings on it "could not be located" in the
Ministry of Chemicals and Fertilisers, an RTI reply has revealed.

On the intervening night of December two and three, 1984, lethal gas
methyl isocyanate leaked from the plant of Union Carbide in Bhopal,
killing over 15,000 people. In the 1989 settlement, the Union Carbide
agreed to pay USD 470 million which included insurance along with
interest in a full and final settlement of its civil and criminal
liability in the worst industrial disaster.

An RTI applicant had sought from the External Affairs Ministry all
documents relating to the settlement. The Ministry did not send any
reply initially.

It was only after the Central Information Commission issued a show-
cause notice, the Cabinet Secretariat said the application had been
"erroneously" referred to it. The Cabinet Secretariat forwarded the
matter to Chemicals and Fertilisers for a reply as the matter was
closely related to that Ministry.

"It is informed that the relevant documents related to the out-of-
court settlement done with Union Carbide Corporation, as required by
you, could not be located in the Department despite efforts," the
Ministry of Chemicals said in its reply.

It added that documents may be obtained from Supreme Court Registry.
The out-of-court settlement of 1989 had come under heavy criticism
from all quarters.

As against the demand of compensation of Rs 3,900 crore, the
government had settled only Rs 615 crore. "The entire House, cutting
across party lines, should adopt a resolution to scrap the 1989
agreement and send back the waste material to the US," Leader of
Opposition in the Lok Sabha Sushma Swaraj had said during a debate in
the House in August.

Demanding that Parliament pass a resolution scrapping the 1989 out-of-
court settlement between Union Carbide and the government, she said
what was witnessed in Bhopal was "a case of corporate manslaughter"
and not of "mere negligence".