The five-member committee set up by the Madhya Pradesh government to examine the implications of the recent Bhopal court judgment has recommended filing a “curative” petition seeking a review of the Supreme Court ruling in 1996 by former justice AM Ahmadi. Based on the available evidence, the Supreme Court had in 1996 reduced the charge against the accused — from culpable homicide not amounting to murder to causing death by negligence.
“There is no dearth of evidence to establish that the 1996 judgment was erroneous. See the charge sheet and the judicial findings on that,” a member of the panel said.
The committee also decided that the state would seek an enhancement of the compensation for victims. The panel has also urged the state government to request the Centre to file a supplementary charge sheet under section 304 of the Indian Penal Code (culpable homicide not amounting to murder) before the trial court for the three absconding accused, including Warren Anderson.
Though the Supreme Court had said that a curative petition could be filed after an application seeking review of a judgment had been dismissed, it hadn’t specified the time period for its filing. Noted constitutional lawyer PP Rao said a curative petition can be filed on limited grounds: if the party was not heard and if the judge was biased. “I don’t think a curative petition at this stage is going to help,’’ he said.
