CBI had sought dilution of charge against Anderson

In the midst of the political storm over the Bhopal gas case verdict, the records of the trial court show that the CBI had sought dilution of the stringent charge against UCC CEO Warren Anderson on the lines of the relief given by the Supreme Court in the case against
the Indian accused.

In 2002, the CBI had filed an application in the court seeking that the charge under section 304 II of IPC (culpable homicide not amounting to murder) against Anderson be changed to section 304 (A) (causing death by negligence). While 304 II entails a maximum of 10 years imprisonment, 304 provides for two years jail term.

The CBI had moved the CJM's court six years after the Supreme Court had watered down the charge against seven Indian accused in the case under section 304 II to 304 (a). Anderson had not appeared before any court after he returned to the US in December 1984 and his case was delinked from that of the other accused.

However, chief judicial magistrate Rameshwar Kothe had on August 28, 2002, dismissed the CBI plea and directed it to
inform the court about the steps being taken by it to get him
extradited from the US.

Following this, the CBI had told the court on October 18, 2002 that the work regarding Anderson's extradition was
on.
        The court had dismissed the CBI application after
interveners in the case, including NGO Bhopal Gas Peedit
Mahila Udyog Sangathan, had argued that if section 304 II was
diluted to 304 (a) against Anderson, his extradition will
become impossible as the case will get reduced to that a minor
accident.
        Also, the interveners had argued before the trial
judge that the CBI plea should be dismissed as Anderson had
never appeared in the court for trial and he was not fit for
any concession.
        His extradition request to the Ministry of External
Affairs (MEA) was sent on September 23, 1993 which was
remitted back by the US on May 9, 2002 on inter-alia
requesting CBI to re-examine the matter, a CBI official said.
        A revised extradition request along with an arrest
warrant against Anderson was sent to US on December 13, 2002,
he said.
        After this, the CJM's Court here had again issued
arrest warrant against Anderson on July 22 last year, he said,
adding the matter was being pursued with the US authorities
through MEA.
        Apart from Anderson, representatives of Union Carbide
Corporation, US and Union Carbide Eastern, Hong Kong, which
were named as accused, also had not attended the trial.PTI LAL
AS SC VSC DV
SC
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