CBI not to file review plea in Union Carbide

Friday, May 2 1997

CBI not to file review plea in Union Carbide

PRESS TRUST OF INDIA

BHOPAL, May 1: The Central Bureau of Investigation (CBI) has decided not to file a review petition against last year's Supreme Court judgment modifying the charges framed against the accused in the Bhopal gas tragedy case.

In its order issued on September 13,1996, the Apex Court had modified the charge framed against the officials of the Union Carbide India Limited (UCIL) under Section 304 (part II) of the Indian Penal Code (IPC) to 304-A of IPC, which is related to causing death by a rash or negligent act.

Official sources said that senior law officers of the CBI had examined the Supreme Court's order wherein the charge against the accused persons had been modified from 304 (part II) to 304-A of IPC. The law officers had opined that the review of the judgment of the Supreme Court could be sought only on the ground of any apparent mistake in the record and hence the possibility of getting relief by way of a review in the case appeared to be remote.

In view of this opinion, the sources said, the CBI decided not to file review petition in the Supreme Court. After carrying out investigations into the world's largest industrial disaster in December 1984, the CBI had filed chargesheets against the officials of the Union Carbide Corporation (UCC), UCIL and others under various provisions of the IPC.

Later a Bhopal court framed charges against the accused under Section 304 (part II) of IPC for culpable homicide not amounting to murder. The accused officials later challenged the framing of charges against them in the Supreme Court.

The sources said the matter relating to the extradition of former UCC chairman Warren Anderson, who had been declared an absconder by the court for his non-appearance in the gas disaster criminal case, was now pending with the Ministry of External Affairs.

They said the CBI had referred the issue of extradition of Anderson to the MEA immediately after the competent court issued a non-bailable warrant against him as he did not appear in the court. Then, Anderson and others were charged under Section 304 (part II) of IPC along with other provisions of the IPC.