Bhopal Tragedy: Delhi court allows CBI to extradite Anderson

"Considering the entire facts in its holistic perspective and sentiments of the disaster-hit people, I deem it appropriate and in the interest of justice that he be extradited," Chief Metropolitan Magistrate Vinod Yadav said.

"There is no bar in law in seeking extradition of Warren Anderson from the US authorities. Request of the CBI is allowed," he said.

Anderson, 90, never faced trial in connection with the world's worst industrial disaster over 26 years ago and was declared a proclaimed offender by the court of Bhopal chief judicial magistrate in 1992 after he jumped bail, which he had secured on December 7, 1984 following his arrest.

Yadav, in his order, noted, "The chronology of steps taken by the CBI from 1992 till July 2010 in the case reveals that the CBI was not sleeping over the matter and was conscious about its duties to bring Warren Anderson to book."

Though, the court allowed the plea of the CBI, it wanted to know from the investigating agency as to why it had not taken recourse under the Extradition Act after an extradition treaty between the United States and India came into existence on September 14, 1999.
"We cannot open the case as per the whims and fancies of the CBI," the CMM said during the course of the proceedings.

While pressing for the extradition of Anderson, the CBI said that there was enough material implicating the then UCC Chairman in the case.

"The Chief Judicial Magistrate, Bhopal had passed a detailed order in June 2010 which is conclusive material implicating Anderson in the matter," the agency said.

It also argued that there was no delay on its part in approaching the US authorities for Anderson's extradition.

The CBI emphasised that the management of the UCC was well aware about the defects in the plant at Bhopal but did not take any remedial action.

"As the management was well aware of the defects in the plant, the culpability of Anderson, being its chairman, cannot be denied," the CBI prosecutor said. 

The CBI had yesterday moved the court for extradition of Anderson saying that it would be a travesty of justice if he is not put to trial for his alleged role in the 1984 Bhopal gas leakage tragedy.

The agency's plea came in the wake of Attorney General Goolam E Vahanvati's submission in the Supreme Court last month that if needed, the government may initiate fresh steps to seek his extradition.

Later, the Attorney General gave an opinion to the CBI to approach the competent court and seek permission for Anderson's extradition.

"He is criminally liable to stand trial in India. It would be a travesty and miscarriage of justice if he is not brought before the court of law in India to face trial," said the CBI in its 33-page application for obtaining a Letters Rogatory from the court to the US authorities for the extradition.

"Anderson is liable to be prosecuted on extradition to India for offence under section 304 IPC (culpable homicide not amounting to murder) and/or for the offences punishable with lesser punishment on the facts aforesaid," said the CBI.

"The offence is quite similar to the offence of man slaughter recognised as murder of second degree under the US law," the CBI said.

It said, "On the night of December 2-3, 1984, thousands had died and over five lakh persons were injured or permanently disabled. In addition, several thousand animals were also killed.

"Anderson, in the capacity of being the UCC chairman, was aware of better safety technology and standards available in the UCC Plant in West Virginia, USA and yet he did not ensure safety measures of same standard at UCIL, Bhopal," the CBI said.

India had approached the US for Anderson's extradition in 2003, but Washington had rejected the plea in 2004 saying that the provisions of the bilateral extradition treaty between them did not allow his extradition.

The issue of Anderson's extradition had cropped up again after a Bhopal court on June 7 last year convicted UCIL Chairman Keshub Mahindra and six other employees posted at the multinational's plant at Bhopal and awarded them two year's jail term each.
The lighter punishment for the offence, which had left over 15,000 people dead and maimed tens of thousands others, evoked widespread outrage, prompting the government to form a ministerial panel to go into the issue.

As per the ministerial panel's recommendations, the government had decided to seek fresh trial of all the seven surviving accused of the Bhopal gas tragedy on the stringent charge of culpable homicide not amounting to murder, which entails a jail term upto 10 years.

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