Fifteen Years On: Justice in Sight for Victims of the 2009 BALCO Chimney Collapse
In a significant development in the long-standing case of the BALCO chimney collapse, a special court in Korba district has directed the inclusion of top officials from Bharat Aluminium Company Limited (BALCO), Chinese firm SEPCO, and other companies as accused. This move comes fifteen years after the tragic incident that claimed the lives of multiple workers and left over 100 others trapped under the debris.
The Incident
The disaster occurred on September 23, 2009, when a 790-foot chimney under construction for BALCO’s captive power plant collapsed during a thunderstorm. The collapse was sudden and catastrophic, killing several laborers instantly and injuring many others. The chimney, which had reached a height of 240 meters, fell onto the workers who were seeking shelter from the storm, compounding the tragedy.
Legal Proceedings and Recent Developments
In a landmark order, Special Judge Jaideep Garg, presiding over the SC and ST (Prevention of Atrocities) Act court, instructed that top officials from BALCO, SEPCO Electric Power Construction Corporation (India), Gannon Dunkerley and Company Limited (GDCL), Bureau Veritas India Private Limited (BVIL), and Development Consultants Private Limited (DCPL) be added as accused in the case. The court noted that while senior officials of these companies—such as chairmen, managing directors, general managers, and CEOs—could be involved, they have not been named as accused due to the lack of available information regarding their names and addresses.
Summonses have been issued to the five companies, directing them to be represented by their authorized officers. The next hearing is scheduled for March 13, 2025. The court also indicated its intention to summon higher authorities from these companies, including chairmen, MDs, directors, GMs, and CEOs, as their presence appears necessary for the trial based on prima facie observations.
Companies’ Response
During the hearing on February 21, the accused companies claimed that the 1,200 MW power plant’s chimney collapsed due to unforeseen extreme weather conditions, including a severe storm, heavy rain, and lightning. They pleaded innocence and requested acquittal. The high court had stayed hearings in the BALCO chimney collapse case for ten years, but now, proceedings have resumed in the Korba special court.
Public Prosecutor’s Application
According to the public prosecutor, an application has been filed under Section 319 of the Code of Criminal Procedure to summon additional accused. The Chinese company officials, who were granted bail, have since returned to their country, citing illness and seeking exemption from appearing in court.
Victims and Background
Most of the laborers who lost their lives in the accident were from Bihar and Jharkhand. BALCO, once a public sector undertaking, was privatized in 2001 and taken over by Sterlite Industries Limited, part of the Vedanta Group, under the central government’s disinvestment policy.
Implications and Future Steps
This latest development marks a crucial step towards justice for the victims and their families. The inclusion of top officials as accused underscores the court’s commitment to a thorough investigation and accountability. As the case progresses, it will be crucial to ensure that all relevant parties are held accountable and that the legal process is transparent and fair.
The resumption of proceedings after a decade-long hiatus also highlights the need for timely and effective justice in cases involving industrial accidents. It serves as a reminder of the importance of stringent safety regulations and oversight in the construction and operation of industrial projects.
As the next hearing approaches, all eyes will be on the Korba special court to see how this long-awaited justice unfolds.
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