Indian court rejects lesser charges in Bhopal case
Date: 30-Aug-02
Country: INDIA
Author: Sanjay Sharma
The leak from a Union Carbide pesticide plant in the central Indian city was one of the world's worst industrial accidents and left many thousands of people with lifetime illnesses. Thousands more have died since the December 1984 incident.
Despite protests from thousands of survivors, India's Central Bureau of Investigation had sought to dilute the charge against Warren Anderson, named as the main accused in the case, from culpable homicide to a rash and negligent act.
A district judge in Bhopal turned down the request, saying charges against Anderson could not be diluted as he had failed to appear in court to face criminal charges against him. The judge also asked the CBI to speed the process of extraditing Anderson.
"All the three accused have never appeared in any court, nor have they applied for dilution of charges. The question of diluting the charges does not arise," said judge Rameshwar Kothe.
Anderson faces a jail term of up to 10 years and a fine if found guilty of culpable homicide. He would have faced up to two years in jail or a fine if the court had reduced the charges.
Union Carbide, USA, which was acquired by Michigan-based Dow Chemicals Co two years ago, and its Asian unit, Union Carbide Eastern Inc-Hong Kong, are the two others accused in the case.
Environmental group Greenpeace welcomed the court ruling.
"Bhopal is an ongoing disaster. One hundred and twenty thousand people still face serious health problems and children born to survivors are also affected," the group said in a statement.
NEW DELHI TO PURSUE EXTRADITION
An Indian foreign ministry official said New Delhi was committed to pursuing the request for Anderson's extradition.
But the official did not say when India would formally make the extradition request to Washington - a step Indian courts have repeatedly said New Delhi should take.
"Concerned Indian agencies will do everything possible to collect evidence of connections between Anderson and the gas leak," the official told Reuters.
Five tonnes of poisonous methyl isocyanate gas leaked into the air from a tank at the pesticide plant in the early hours of December 3, 1984.
The CBI wanted to bring charges against Anderson in line with those faced by Indian employees of Union Carbide.
The agency says it filed for the dilution of charges after a 1996 ruling by the country's Supreme Court that Indian employees of Union Carbide should be charged for a rash and negligent act rather than culpable homicide.
Anderson is considered a fugitive under Indian law for refusing to face charges in Indian courts.
He flew to Bhopal after the tragedy in December 1984 for a three-day visit during which he was arrested and let off on bail. He retired from Union Carbide in November 1986.
The Indian government's civil case against Union Carbide was settled in 1989 for $470 million. But criminal cases against the defendants are still pending in Indian courts.
Union Carbide said in 1993 the Indian criminal charges did not involve the parent firm or Anderson and they were not subject to the jurisdiction of Indian courts.
