New Delhi:
Former Chief Justice of India AM Ahmadi has told NDTV that he had worked within the framework of the law and there was no question of watering down charges in the Bhopal gas tragedy case 14 years ago.
In 1996, a Supreme Court bench headed by Justice Ahmadi had converted charges under Section 304 Part II of the Indian Penal Code (culpable homicide) to charges under Section 304A of the IPC (causing death by negligence) against Indian officials of Union Carbide India Limited (UCIL), the subsidiary of the US-based Union Carbide Corporation (UCC). (
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The CBI had initially charged 12 accused, including UCC CEO Warren Anderson, with culpable homicide, which carries a maximum punishment of 10 years. Criminal negligence carries a maximum punishment of two years. In 1992, Anderson was declared an absconder. After that the case against him was separated from that against the Indian officials of UCIL.
After yesterday's verdict, when seven of those eight Indians were convicted, given a two-year sentence and then let off on bail, victims and activists said the dilution of charges by the Supreme Court in 1996 had contributed to the light sentence now.
But Justice Ahmadi says he stands by his judgement. "According to me the only charge that could have been applied at that time was 304A...At that time nobody protested...they could have asked for a review of the judgement, but nobody did," he said.
The former Chief Justice said, "If there is any problem, it is with the law. We need a new provision in the law to deal with a case like this." He explained that Indian law did not have a provision for vicarious liability, so someone else in India could not be held liable instead of, say, Warren Anderson, who was in the USA.
Justice Ahmadi said an attempt could have been made to extradite Anderson. (
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Warren Anderson was arrested days after the gas leak but was released on bail and allowed to leave the country. He never returned.
The Indian government says it repeatedly requested the US government to allow extradition, but was turned down each time. A former CBI official has claimed the agency was asked to go slow on extradition proceedings against Anderson. (
Read: Was told to go soft on Anderson, says ex-CBI official)
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