SC begins hearing curative petition in Bhopal gas tragedy

Raps CBI for approaching court after a gap of 16 years

By Savvy Soumya Misra
Published: Monday 18 April 2011

A five-judge bench of the Supreme Court, headed by Chief Justice H S Kapadia began the hearing of curative petitions in the Bhopal gas tragedy on April 13. While hearing the curative petition filed by the CBI to re-examine the 1996 Supreme Court's judgement, the five-judge bench questioned the CBI for approaching the court after a gap of 16 years and not filing a review petition during these years.

G E Vahanvati, attorney general appearing for the CBI, clarified that a review petition was filed by Bhopal Gas Peedit Sangarsh Sahyog Samiti in the past, but was dismissed. However, he admitted that CBI was late in approaching the court. He added that the delay should not be a reason to deny justice to thousands of people who lost their lives in the Bhopal gas tragedy on the night of December 2-3, 1984.

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The curative petition by the CBI has been filed to book Keshub Mahindra, the then chairman of Union Carbide India Limited and others accused in the case under section 304 Part-II (culpable homicide not amounting to murder) of the Indian Penal Code.

“A series of events that took place from 1982 showed that there were serious problems with the plant including design defects, lack of refrigeration, inadequate storage etc. The accused were aware of the omissions and commissions in the plant. Despite that no steps were taken to avoid the accident and inform people of the precautions they needed to take in case of a gas leak,” he said.

According to the 1996 judgement, the court had ruled that the accused be tried under section 304(a), which amounts to causing death by negligence. The charge under section 304 Part- II was diluted to section 304(a) by a bench comprising chief justice A M Ahmadi and justice S B Majmudar. Last year on June 7, a trial court in Bhopal convicted and sentenced the seven accused to two-years jail term.

Vahanvati’s argument went on for a whole day. The next hearing is scheduled for April 19.



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