SC Refused to Re-Open Bhopal Gas Tragedy Case
Published on May 11, 2011 by Anil · No Comments
The Supreme Court today refused to alter its 1996 judgement diluting charges in the Bhopal gas disaster case but left it open to the Sessions Court there to consider restoring stringent charges against the accused, who had got punishment under lighter provisions.
Holding that the 1996 judgement that diluted charges against the accused was "not binding", the apex court dismissed a curative petition filed by the CBI saying it was based on a "wrong and fallacious plea" and filed after a lapse of 14 years.
"In our view, on the basis of the material on record, it is wrong to assume that the 1996 judgement is a fetter against proper exercise of powers by a court of competent jurisdiction under the relevant provisions of the Code," a five-judge Constitution Bench headed by Chief Justice S H Kapadia said.
The court said the 1996 verdict was not "binding" on the trial court which failed to appreciate the correct legal provision for trying the accused under the stringent provision in the tragedy that killed over 15,000 people and maimed several thousands to the leak of deadly methyl isocyanate (MIC) gas in December, 1984.
In its nine-page judgement, which has come under attack from campaigners for sterner punishment to the accused, the Bench said curative petitions of CBI and the Madhya Pradesh government were not only based on the "wrong and fallacious" plea but were filed after a lapse of 14 years without satisfactory explanation.
"No satisfactory explanation is given to file such curative petitions after about 14 years from the 1996 judgement of the Supreme Court," the Bench, also comprising justices Altamas Kabir, R V Raveendran, B Sudershan Reddy and Aftab Alam said.
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Tags: Bhopal Gas Tragedy, Case, CBI, High Court, Supreme Court
