Will the SC rectify its mistake CBI convinces apex court to reopen Bhopal case

The Supreme Court today reopened the Bhopal gas tragedy case based on a curative plea by the Central Bureau of Investigation. An in-chamber proceeding presided over by the Chief Justice of India, S.H. Kapadia, Justice Altamas Kabir and Justice R.V. Raveendran has issued a notice to all 7 accused in the case seeking an answer as to why they must not be tried on charges of culpable homicide under section 304 of the Indian Penal Code.

The Supreme Court today reopened the Bhopal gas tragedy case based on a curative plea by the Central Bureau of Investigation (CBI). An in-chamber proceeding presided over by the Chief Justice of India, S.H. Kapadia, Justice Altamas Kabir and Justice R.V. Raveendran has issued a notice to all 7 accused in the case seeking an answer as to why they must not be tried on charges of culpable homicide under section 304 of the Indian Penal Code (IPC).

A curative petition is a petition that can be filed by an aggrieved person who feels he or she is entitled to any relief against the final judgement or order even after the dismissal of a review petition by the Supreme Court. The CBI has filed this curative petition against the September 13, 1996 order of the SC. This petition seeks to try the 7 accused under Section 304 of the IPC for culpable homicide not amounting to murder that carries a maximum prison term of 10 years.

In June this year, a trial court in Bhopal had convicted former Union Carbide India Chairman Keshub Mahindra and six others under section 304A of causing death due to rash and negligent act and had sentenced them to a prison term of 2 years. The accused had been immediately granted bail. The verdict had caused widespread protest from activists and civil society members for being too lenient on the perpetrators of one of the worst industrial disasters.

The Bhopal case has seen inept handling from the authorities ever since it occurred on the night of December 3, 1984. The instances of allowing Warren Anderson to escape the country to allowing Union Carbide to divest its stake in its Indian entity and finally agreeing to try the accused under drastically reduced charges are unfortunate examples that lack logic and common sense.

Now, after 25 long years the government is finally making a show of aggressive efforts on its part to accord financial liability on Dow Chemicals and stepping up efforts for the extradition of former Chairman of Union Carbide, Warren Anderson.

A second chance has always been coveted by diverse members of the civil society. Rulers, decision makers, institutions, common men, have all at some point wondered the different course of events that might have transpired if only a grasp of the elusive concept was within their reach. Now, this second chance has presented itself before the highest court of law in the largest democracy in the world. Will the Supreme Court of India grasp it and refuse to let it go? One would hope so.

Also read our editorial on why the courts have not been a friend to Bhopal and an in-depth analysis by Kartikeya Tanna on the case. 

Picture courtesy Raghu Rai.