JOIN USApex court to re-open Bhopal case
The apex court sought response from the seven accused on the CBI plea seeking restoration of the stringent charge of culpable homicide, which attracts a maximum punishment of 10 years’ jail term, against them for the world’s worst industrial disaster.
In chamber proceedings, a Bench comprising Chief Justice S H Kapadia and Justices Altamas Kabir and R V Raveendran, issued notices on the curative petition filed by the CBI seeking recall of the apex court’s 1996 judgement that had whittled down the charge to ‘causing death due to rash and negligent act’ against Mahindra and six others.
The CBI, which described the case as one of the rarest of rare cases, had urged the apex court to invoke its inherent power in public interest to address and remedy errors apparent on the face of record in the 1996 judgement.
In the curative petition, the CBI said the 1996 verdict suffered from serious errors as the charges under Section 304 Part II of the Indian Penal Code against the accused were quashed by the apex court without any consideration of the material placed by the prosecution at that stage.
“This curative petition is an attempt by the state to set right this gross miscarriage and perpetuation of irremediable injustice being suffered by the victims in particular, the society at large, and the nation as a whole,” the CBI said.
The curative petition was filed after a nationwide outrage broke over the June 7 trial court judgement which convicted and sentenced all seven accused to two years’ jail term in the 26-year-old case.
Tuesday’s court decision, communicated to Attorney General G E Vahanvati, was welcomed by all sections of the society fighting to bring justice to survivors of the disaster.