Government slacking in gas victim matters

NK SINGH

The Madhya Pradesh Government appears to have forgotten that way back in December it had announced, with much fanfare, a judicial inquiry into the Bhopal gas leak disaster that had claimed over 2.000 lives.

The terms of reference of the inquiry were announced on December 6, three days after the tragedy, and the single member commission, headed by Justice N. K. Singh of the Madhya Pradesh High Court, was asked to submit its report by March 15. The commission's report is no where in sight. In fact, it is yet to start its work in right earnest and its term has been extended till the end of June. 

Justice N. K. Singh has accused the state government officials of non-cooperation. Earlier, when the press had criticized the delay in commencement of the inquiry, he had issued a statement pointing out that it was the delay on the part of the Government in providing the necessary working facilities which had hampered the functioning of the commission.

On Wednesday, as the commission assembled for its third day's sitting, Justice Singh lambasted the Government officials for constantly ignoring the commission's plea for working facilities.

"If you want me to go around and beg. I will not do it," he told the advocate general, Mr. Anand Mohan Mathur, who is assisting the commission on behalf of the Government.

"The summer vacation is about to start. If you want me to work during that period you must install room coolers," Justice Singh said.

The commission's court room, originally the dining hall of a government guest house, is humid and hot and at the time Justice Singh was speaking was enveloped in darkness because of power failure.

However, an official release had claimed earlier that the Government was cooperating fully with the commission

Although Justice Singh camped personally in Bhopal for five days in December and again for nine days in January and talked to senior officials about his problems, he was neither given any staff nor a place to hold the commission's sittings till mid-February.

Although the commission had been asked to submit its report by March 15, it was not provided with a secretary f until February 5. It is the secretary who issues notifications inviting statements from members of public.

Now the commission is being starved of funds and resources, to go ahead with its work properly.

For instance, much before the commission started its hearings, its secretary wrote several letters to the Government requesting for a public address system in the hall. It was never provided. However, at the last moment, seeing- the commission's plight, and sensing a massive influx of newsmen, the directorate of information and publicity installed a microphone. The official sanction is yet to arrive.

A request was made by the commission to provide a photocopier. "I am told several are lying unused in various government departments," Justice Singh said on Wednesday. The secretary to the commission tried his best to get one but to no avail.

A letter was written to the general administration department requesting for accommodation for the two technicians from Baroda and Poona who have been appointed official assessors to assist the commission. Pat came the

reply, "Make your own arrangements." Justice Singh said these were all small matters. "But there is a limit to everything. Just think that with foreign cameramen hovering around here what poor picture you will be presenting to the world," he said.

Justice Singh said although he was supposed to be the chairman, he had to do half the secretarial job. With the advocate general, Mr. Anand Mohan Mathur, got up to say something, Justice Singh flared up and said in a mocking tone. "Should I come to your house to ask for these small facilities. I am prepared to do that. It is only that it would not look proper." Mr. Mathur assured to take up the matter with the Government.

Lack of working facilities is not the only hurdle in the way of smooth functioning of the commission. A far bigger problem is lack of power.. Under section 6-A of the Commissions of Inquiry Act, the Singh commission at present has no power to compel any person to give evidence "to disclose any secret process of manufacture". 

If the commission has no power to go into the secrets of manufacture, how can it determine whether MIC was pure or not? Justice Singh is visiting the Union Carbide pesticide plant on Thursday along with counsel and newsmen.

Indian Express

April 18, 1985