Bhopal Gas Tragedy Verdict SC dismisses CBIs curative petition for harsher punishment

It came as a setback to those seeking severe punishment for all the seven accused in the Bhopal gas disaster when the Supreme Court today dismissed CBI's curative petition against an earlier apex court judgment that diluted charges against the accused.

It came as a setback to those seeking severe punishment for all the seven accused in the Bhopal gas disaster when the Supreme Court today dismissed CBI's curative petition against an earlier apex court judgment that diluted charges against the accused.

The CBI had earlier sought a review of the Supreme Court judgement of 1996 that had diluted charges against the accused from culpable homicide not amounting to murder to criminal negligence.

This had led to lighter punishment for all the accused on June 7, 2010, when a Bhopal court had sentenced seven former Carbide executives, including former Union Carbide India Limited (UCIL) Chairman Keshub Mahindra, to two years in jail. However, they were granted bail immediately.

The CBI and the Madhya Pradesh government filed the curative petitions after a huge public outcry over what was considered as a very mild punishment for a tragedy that had claimed over 15,000 lives in December 1984 and had left several thousands wounded and deformed due to the leakage of deadly Methyl Isocyanate gas.

NDTV reports that CBI while asking the Court to reconsider its ruling had said, "The men behind one of the world's biggest industrial catastrophes should not walk away with a minimal punishment of two years despite ample evidence to show the commission of an offence of homicide".

A five-judge bench headed by the Chief Justice SH Kapadia heard the case on a day-to-day basis. The Chief Justice pronounced the order of the Bench comprising Justice Altamas Kabir, Justice R.V.Raveendran, Justice B. Sudershan Reddy and Justice Aftab Alam. In his order CJI said “no satisfactory explanation is given to file such curative petitions after about 14 years from 1996 judgment of the Supreme Court".

The CBI and the MP government have also filed revision petitions in the sessions court against the judgement of the Chief Judicial Magistrate, Bhopal, which had awarded two years jail term to various accused in the Bhopal gas tragedy case.

It appears that the Supreme Court's dismissal of the CBI plea means that the accused will be let off with only a two-year sentence.

The Government had lined up the top lieutenants for this litigation led by the Attorney General Goolam E. Vahanvati. He was joined by ASG’s Indira Jaising, HP Raval and Vivek Tankha. The Repsondent Directors also had a strong line up of Senior Advocates and law firms. Senior Advocates Amit Desai, CU Singh and Siddharth Luthra were briefed by Agarwal Law Associates with Partner Mahesh Agarwal taking the lead.