More than 25 years after gas spewing from a Bhopal pesticide plant on a December night killed thousands and left lakhs affected, a local court on Monday convicted seven former officials of the Union Carbide India Limited (UCIL) after a marathon criminal trial.
Chief Judicial Magistrate Mohan Tiwari sentenced the then non-executive UCIL chairman Keshub Mahindra, managing director Vijay Gokhale, vice-president Kishore Kamdar, works manager J Mukund, production manager S P Choudhary, plant superintendent KV Shetty and production assistant SI Qureshi in the case relating to the leakage of methyl isocyanate gas on the night of Dec 2-3, 1984. They were awarded a maximum of two years in prison. An eighth accused died during the trial.
Except Qureshi, all others, including industrialist Keshub Mahindra, were present in the courtroom when the CJM held them guilty under Section 304 (A). They left the premises after a few hours, armed with bail orders after furnishing a bond of Rs 25,000 each and a personal surety of Rs 25,000 each.
Though the accused were given the maximum possible sentence under the charge, the victims and activists, who were protesting outside the court, said they felt betrayed after waiting so long for the accused to be brought to justice. Activists called the judgment ?too little, too late? and accused the prosecution and CBI of failing the victims by diluting charges.
The name of Warren Anderson, the then chairman of Union Carbide Corporation, was not mentioned in court because he has been declared an absconder. Warrants issued against him have not been served. Nor have attempts been made to seek his extradition. If at all he is arrested, a separate trial will be held for him.
Though Anderson is the main accused, the trial was bifurcated to exclude him because he is an absconder. Trial was conducted only against officials of the UCC?s Indian subsidiary UCIL. While Mahindra, Gokhale and Kamdar were based in Mumbai, the other accused were attached to the Bhopal plant. The UCIL?named as one of the accused under Section 304 (A)? was fined Rs 5 lakh while the accused persons were fined Rs 1 lakh each. Under Sections 336, 337 and 338 of the IPC, the accused were sentenced to terms ranging from three months to one year and a fine ranging from Rs 250 to Rs 1,000.
Since all sentences will run concurrently, the accused will not have to spend more than two years in jail. The court of the CJM gave them the maximum possible punishment given that the charge of ?culpable homicide not amounting to murder?, an offence that would have invited a term of up to ten years, had been changed in 1996 to ?causing death by negligence?.
The counsel of the CBI, which had filed the chargesheet in 1987, said he was not opposed to grant of bail. The day?s proceedings began with the CJM pronouncing all the accused guilty. CBI counsel C Sahay had argued that all the accused were guilty of criminal negligence since there were signs of impending disaster but they never set in place adequate safety precautions despite recommendations.
Defence lawyers then argued for reduction of sentence on grounds ranging from old age to illness. Mahindra?s lawyers argued that he was in his 80s, and had contributed to Indian industry and was a member of the Sachar Committee. They also pointed out that he, along with Gokhale and Kamdar, were not present in Bhopal when the tragedy occurred.
In the case of the other accused, defence lawyers sought leniency on the ground that the leak was accidental and unintentional, and that the accused had actively helped in disposing the remaining gas in the plant.