11 May 2011

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SC denies to change charge in Bhopal Case SC rejects CBI's curative petition seeking a stay on its 1996 judgment in the case

SC denies to change charge in Bhopal Case SC rejects CBI'scurative petition seeking a stay on its 1996 judgment in the case

In the early hours of December 3, 1984, around 40 metric tonnes of toxic methyl isocyanate (MIC) gas leaked into the atmosphere and was carried by the wind to the surrounding slums.

On June 7, 2010, a Bhopal court had sentenced seven former Carbide executives, including former Union Carbide India Limited (UCIL) Chairman Keshub Mahindra, to two years in jail.

After this accused persons got bail.

After 14 years CBI filed a curative petition in this case seeking restoration of stringent charge of culpable homicide not amounting to murder instead of death caused due to negligence against the accused in the world's worst industrial disaster that left over 15,000 people dead and thousands maimed.

In 1996, a two-judge bench of the Supreme court, headed by the then Chief Justice A H Ahmadi had diluted the charges against the accused from Section 304 Part II of the IPC providing for a maximum of ten years imprisonment to Section 304(A) that deals with rash and negligence act with a maximum punishment of two years.

Supreme Court on had on August 31 last decided to re-examine its own judgement that led to lighter punishment of two years imprisonment for all the convicts.

Supreme Court heard the case on day to day basis.

The Supreme Court Bench comprised of following judges who heard the case.
1. Chief Justice SH Kapadia
2. justice Altamas Kabir
3. Justice RV Raveendran
4. Justice B Sudershan Reddy
5. Justice Aftab Alam

Supreme Court bench has rejected the CBI's curative petition seeking a stay on its 1996 judgment in the case and restoration of stringent charges against the accused.

A five-judge special bench headed by Chief Justice S H Kapadia had raised the question on delay and asked the CBI as to why it had not filed the review petition during all these years.

Attorney General G E Vahanvati, appearing for the CBI, said: "I don’t know why it was not filed by the CBI."

SC said that it was not satisfied with the CBI and Madhya pradesh government's reasons for filing the curative petition after a lapse of 14 years or 16 years.

"No satisfactory explanation given by CBI and MP government on filing curative petition after lapse of 14 years," observed the Supreme Court

Now Supreme Court will hear the plea for enhancement of compensation from Rs 750 crore to Rs 7,700 crore for the victims.

PTI reported that A five-judge constitutional bench, headed by Chief Justice S H Kapadia, however, left a window of opportunity open saying the pending proceedings before the sessions court against the Chief Judicial Magistrate's judgement awarding two years sentence to the accused, including Union Carbide India Chairman Keshub Mahindra will not be influenced by any order passed by it

Suggested Reading - 

Bhopal gas tragedy and investigation  Complete Report Bhopal Gas Disaster Time Line

 Reality views by sm-

Wednesday, May 11, 2011

Keyword Tag – Bhopal Gas Petition rejected 


the_matter_is_subjudice,  May 12, 2011  

Industry are subject to disasters.

When disasters happen, the blame should fall on the person or authority who sanctions the plan.

Assuming India does not have proper records, it will be fair that the government pays from its coffers.

sm,  May 13, 2011  

Govt got all the records.
what happened in this case everyone knows it.
delay, save the rich people.