TITLE: FIVE PAST MIDNIGHT IN BHOPAL

INTRODUCTION

Bhopal Gas Tragedy is also known as the Bhopal Disaster in which thousands of people lost their
lives. It is considered  the world's worst industrial disaster. It occurred on the cold wintry night in
the early hours of 3 December, 1984. 

At around midnight, the chemical reaction started in the Union Carbide (India) Limited factory
that culminated in the leakage of deadly Methyl Isocyanate (MIC) gas from one of the tanks of
the factory. As a result, a cloud of gas gradually started descending and enveloping the city in its
lethal folds. And the city and lakes turned into a gas chamber.

How MIC leakage took place?

As per official data, the leakage of the MIC took place from the Plant Number C. For cooling the
plant, methyl isocyanate gas was mixed with water. It led to the generation of volumes of gases
and as a result, put tremendous pressure on tank Number 610.  Finally, the pressure of the gas
increases and released tonnes of the poisonous gas and diffused a large number of areas. It is said
that approximately 5 lakhs people were exposed to the leakage of MIC

WHAT HAPPENED AFTER THE LEAKAGE OF THE GAS?

In 1984 approximately Bhopal had a population of about 8.5 lakhs and more than half of the
population on the morning after a leakage at midnight were coughing, complaining about
itchiness in eyes, skin and were facing breathing problems. Some people suffered from
pneumonia, internal haemorrhage, and death. Even, the people living in villages and slums in the
neighbouring areas were affected most.

The situation becomes worst because for several hours the alarm system of the Union Carbide
factory does not work. It was not raised by the factory managers. On 3rd December, morning
thousands of people were running hospitals with several different types of complaints.
At that time, Bhopal does not have many hospitals that can accommodate half of the city
population. People were not able to breathe, were suffering and yes they were in a confusing
state also that what is happening with them and why. Also, doctors were confused, what
happened suddenly that people are facing so many difficulties.

This account of one of the worst public health disasters of the past 20 years makes for
uncomfortable, even scary, reading, but it is simultaneously unputdownable. Journalist
Dominique Lapierre and scriptwriter Javier Moro spent three years in Bhopal in the Indian state
of Madhya Pradesh in the late 1990s, where in 1984 a cloud of toxic gas had escaped from a
pesticide plant owned by US firm Union Carbide, killing and injuring thousands. In an
investigative tour de force, Lapierre and Moro interviewed witnesses and participants from India
and the United States and spliced together the causes and aftereffects of the catastrophic poison
cloud. The result reads like a thriller, albeit one whose terrifying outcome is known from the
outset. Sometimes the story is incredible enough to seem entirely fictional—it seems impossible
that negligence and greed could have such awful results, and that those who knew about the
potential dangers did nothing to prevent them, although they could have done so without much
effort or cost.

Facts

 THE defamatory statements used, are indicated in paragraphs 235, 316, 329.
336 and 337 of the Book, which reads as under:

"at Page 235 - "don't you worry, I could feed the whole city" he informed the
police Chief who had come to make sure that his troops would be adequately
fed.

At Page 316 - Yet calls were coming in one after another without interruption in
the command room on the second floor. One of them was from Arjun Singh, Chief
Minister of Madhya pradesh. Rumour had it that he had left his official residence
and taken refuge outside the city. Arjun Singh was calling in by Radio to speak to
the Police chief, Swaraj Puri. "you must stop people leaving", the head of the
Government intimated to him. "put barricades across all the roads leading out of
the city and make people go back to their homes. " the Chief Minister, it seemed,
had no idea of the chaos prevailing in Bhopal that night. In any case Puri had a
good argument to put to him. Sir, he answered, - "how can I stop people leaving
when my own policemen have disappeared along with the other fugitives?"

At Page 329 - Out side the situation was worsening. Swaraj puri, the Police Chief
who, during the previous night, had deplored the disappearance of his men,
feared violent action. With no means of opposing it, he decided to resort to a
stratagem, he summoned a driver of the only vehicle left to him with a loud
speaker. "drive all over town", he ordered him, "announcing that there's been
another gas leak at Carbide. " the effect of the ruse was miraculous. The rioters
who had been about to overrun the factory made off in disarray. In a matter of
minutes the city was empty. Only the dead remained.

At Page 336 - "ah, the wonders of Indian hospitality! Police chief Swaraj Puri,
who on the night of the tragedy had watched his policemen flee, was at the foot
of the plane in the company of the city's Collector to welcome the visitors with
warm handshakes. All that was missing was the traditional garland of flowers
and a pretty hostess to give them a welcoming tilak. Anderson and his
companions took their seats in an official Ambassador brought to the foot of the
steps. The car took off like the wind and left the airport via a service gate to
avoid the pack of journalists waiting in the arrivals hall. The police chief and the
collector followed in a second car. " "thank you for having gone to the trouble of
fetching us," anderson said to the uniformed inspector sitting beside the driver.
"it's standard procedure, sir There's considerable tension in the city. It's our duty
to look after your safety. " "the car climbed towards the Shyamla Hills, entered
the grounds of the research center and stopped in front of the company's
splendid guest house. Anderson was astonished to find two squads of policemen
assembled on either side of the door to the establishment. An officer was
waiting on the steps. "
 at Page 337 - At that moment the Police Chief and the collector arrived. They
were accompanied by a magistrate in his distinctive black robe. The American
felt reassured; certainly, there had been come misunderstanding. They were
coming to set them free. In fact, the magistrate had been summoned to notify
the three visitors of the reasons for their arrest. He informed them that by virtue
of Article 92, 120b, 278, 304, 426 and 429 of the Indian Penal Code, they were
defendant of "culpable homicide causing death by negligence, making the
atmosphere noxious to health, negligent conduct with respect to poisonous
substances, and mischief in the killing of livestock. " The first charge was
punishable with life-imprisonment, the others carried sentences of between
three and six months. "naturally, all those charges carry the right to bail,"
intervened Keshub Mahindra, the president of Carbide's indian subsidiary. "i m
afraid, that is, unfortunately, not the case, "replied the magistrate. "so what
about our meeting with Chief Minister Arjun Singh?" asked the American
anxiously. "you will be notified about that as soon as possible, "the police Chief
informed him. "

Statutory provisions

Defamation

Defamation refers to the act of publication of defamatory content that lowers

the reputation of an individual or an entity when observed through the
perspective of an ordinary man. If defamation occurs in spoken words or
gestures (or other such transitory form) then it is termed as slander and the
same if in written or printed form is libel. Defamation in India is both a civil and
a criminal offence. In Civil Law, defamation falls under the Law of Torts, which
imposes punishment in the form of damages awarded to the claimant (person
filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable
and compoundable offence. Therefore, the police cannot start investigation of
defamation without a warrant from a magistrate (an FIR cannot be filed). The
accused also has a right to seek bail. Further, the charges can be dropped if the
victim and the accused enter into a compromise to that effect (even without the
permission of the court). Defamation as a criminal offence is listed under
section 499 of the Indian Penal Code. The punishment, mentioned under section
500, can j extend upto simple imprisonment for a term of two years, or with
fine, or both.

INJUNCTION

Under India Legal System, the law relating to injunction has been provided in the Specific Relief
Act, 1963. Injunction is categorized in two form i.e. Permanent Injunction and Temporary
Injunction. Section 37 of Specific Relief Act, 1963 provides that "temporary Injunction are such
as are to continue until a specified time, or until the further order of the court, and they may be
granted at any stage of a suit." The procedure for seeking temporary injunction has been
provided under Order XXXIX of the Code of Civil Procedure, 1908. However, an injunction being
discretionary equitable relief cannot be granted when equally efficacious relief is obtainable in
any other usual mode or proceeding.

Temporary Injunction

Temporary injunctions, as the name suggests, are the injunctions that

are given for a specific period of time or until the court gives further
order regarding the matter in concern. They can be obtained during any stage
of the trial and are regulated by the Code of Civil Procedure (CPC), 1908[3]:

 Section 94: The section provides for supplemental proceedings, to

enable the court to prevent the ends of justice from being defeated.
Section 94(c) states that a court may grant temporary injunction and
in case of disobedience commit the person guilty thereof to the civil
prison and order that his property be attached and sold. Section 94(e)
of the Code enables the court to make interlocutory orders as may
appear to it to be just and convenient.
 Section 95: If it is found by the court that there were no sufficient
grounds to grant the injunction, or the plaintiff is defeated in the suit,
the court may award reasonable compensation to the defendant on his
application claiming such compensation.

 Order XXXIX:

Rule 1: It enlists the situations when a court may grant temporary
injunction. These are:

1. Any property in dispute in a suit is in danger of being wasted, damaged

or alienated by any party to the suit, or wrongfully sold in execution of
a decree, or

2. the defendant threatens, or intends, to remove or dispose of his

property with a view to defrauding his creditors,

3. the defendant threatens to dispossess the plaintiff or otherwise cause

injury to the plaintiff in relation to any property in dispute in the suit.

 Rule 2: It provides that an interim injunction may be granted for

restraining the defendant from committing a breach of contract or
other injury of any kind to the plaintiff.

 Rule 3: It states that a court shall direct a notice of application to the
opposite party, before granting the injunction to the plaintiff. However,
if it seems to the court that the purpose of the injunction would be
defeated by the delay, it may not provide the notice.

 Rule 4: It provides for vacation of already granted temporary

injunction.

 Rule 5: It states that an injunction directed to a corporation is binding

not only on the corporation itself, but also on all members and officers
of the corporation whose personal action the injunction seeks to
restrain.