Bhopal gas tragedy: CBI moves court for Anderson's extradition

New Delhi, Mar 22 (PTI) India's premier
investigation agency the Central Bureau Of Investigation (CBI)
Tuesday moved a Delhi court for extradition of former Union
Carbide Corporation Chairman Warren M 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.
"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
CBI in its 33-page application to Chief Metropolitan
Magistrate Vinod Yadav for obtaining a Letter Rogatory from
the court to the US authorities for Anderson's 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," said the CBI.
It added that in the Bhopal gas leakage tragedy "on
the night of December 2-3, 1984, over 15,000 persons had died
and over five lakh persons were injured or permanently
disabled. In addition, several thousand animals were also
killed."
The CBI sought Anderson's extradition contending that
as the chief of multinational firm, he was aware of the
Bhopal plant's structural defect, but ignored it in order to
cut cost on its maintenance.
"Anderson had full knowledge about defective design
and structure of the Plant at Bhopal and danger of the leakage
of the gas. Methyl Iso Cynate (MIC)-based plant at Union
Carbide India Limited (UCIL), Bhopal was designed,
commissioned and made operational by Union Carbide Corporation
(UCC), USA through its own employees.
"UCIL, Bhopal relied on technology, maintenance,
safety know-how and supervision provided by the principal
company i.e. UCC, USA," the CBI said.
"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 added.
The CMM decided to hear the CBI plea for Anderson's
extradition tomorrow.
Anderson, 90, never faced trial for his role in
triggering 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
for his role in the tragedy.

The CBI's plea to the Delhi court for issuing Letter
Rogatory for Anderson's extradition from the US has come in
the wake of Attorney General Goolam E Vahanvati's submission
to the apex court last month that if needed, the government
may initiate fresh steps to seek his extradition.
India had earlier approached the US for Anderson's
extradition in 2003, but the US had rejected the plea in 2004
saying that the provisions of the bilateral extradition treaty
between them do not allow his extradition.
The issue of Anderson's extradition had cropped up
again after a Bhopal court on June 7 last year convicted
Union Carbide India Limited Chairman Keshub Mahindra and six
other UCIL employees posted at the multinational's plant at
Bhopal and awarded them two year's jail term each.
The meagre punishment for an offence, which had killed
over 15,000 people and maimed tens of thousands others, evoked
a widespread outrage, prompting Indian government to form a
ministerial panel to go into the issue.
As per the ministerial panel's recommendations, the
government decided to seek fresh trial of all the seven
surviving accused of the Bhopal gas tragedy on stringent
charges of culpable homicide not amounting to murder, which
entails a jail term up to 10 years as punishment.
Accordingly, the government in an extraordinary step,
moved the apex court with a curative petition to seek review
of its September 13, 1996 judgement, which had ordered the
trial of the accused on milder charges of causing death due to
rash and negligent act, which entails a maximum two year jail
term.
The apex court had given its ruling, setting aside the
the lower court's order to put Mahindra and others on trial on
the stringent charges of culpable homicide not amounting to
murder. The apex court had set aside the trial court order,
which had been endorsed even by the Madhya Pradesh High Court.
The CBI in its application emphasised that it is
seeking Anderson's extradition under stringent penal provision
of section 304 IPC.
Pointing out that Anderson's trial was seperated from
those of other accused persons in the case, the CBI said,
"Since Anderson did not appear before the court, the
cognisance taken against him under section 304/326, 324 and
429 read with 35 of the IPC still stands."
It added that the apex court's September 13, 1996
order, which had ordered the trial of the accused on milder
charges of 304 A (causing death due to rash and negligent act)
"does not come in the way of" Anderson's prosecution under
stringent charges.