Note:I strongly disagree with the mispalced opinion of K K Venugopal in the matter of Anderson's extradition who has opined that "we have missed the bus". It is quite clear by now that while CBI was on its toes, it was not allowed to pursue the case by Rajiv Gandhi and PV Narshimha Rao. One can have a public testimony of ex-CBI Directors to unearth the acoountability of Gandhi and Rao. The myopic surrender of our Ministry of External Affairs (MEA) appears anti-national and against India's supreme public interest.
Court backs CBI plea for Anderson's extradition in Bhopal case
New Delhi, Mar 23 (PTI) A Delhi court today allowed the CBI''s plea for extradition of former Union Carbide Corporation chairman Warren M Anderson, an accused in the 1984 Bhopal Gas Tragedy case, from the United States, saying that "sentiments of the disaster-hit people" is linked to it.
"Considering the entire gamut of facts in its holistic perspective and the sentiments of disaster-hit people, I deem it expedient and in the interest of justice that there is no bar in law in seeking extradition of Warren Anderson from the corresponding US authorities," Chief Metropolitan Magistrate Vinod Yadav said.
The court also said that there is no reason that the US authorities will not heed to the extradition plea.
"I see no ground or reason that why the US authorities would not cooperate with the CBI in extraditing Anderson. The request of the CBI for extradition of Anderson stands allowed," the CMM said.
"Let extradition request to the corresponding US authorities be sent through appropriate ministry for compliance," the court said.
The court''s order came on a CBI plea seeking permission to get 90-year-old Anderson extradited to stand trial in a Bhopal court on charges of culpable homicide not amounting to murder in connection with the world''s worst industrial disaster that left over 15,000 people dead and maimed over five lakh besides killing thousands of animals.
The CBI argued before the court about the seriousness in getting Anderson extradited which it had been trying since 1987 when the charge sheet was filed in the case in the court of Chief Judicial Magistrate in Bhopal.
"A chronology of steps taken by the CBI, right from 1992 till July 2010 in the case would reveal that the CBI was not sleeping over the matter and was conscious about its duties to bring Warren Anderson to book," the judge noted.
CBI moves court to seek Anderson's extradition
NEW DELHI: Laying the groundwork for fresh extradition proceedings against the former Union Carbide Corporation (UCC) chairman, Warren Anderson, to face trial in the Bhopal gas tragedy case, the CBI on Tuesday (23rd March) filed an affidavit in a Tis Hazari court here on Tuesday listing various charges against him.
The world's worst industrial disaster left over 15,000 people dead and over 5 lakh injured or disabled when toxic Methyl Isocyanate gas leaked from the plant owned by the UCC's subsidiary Union Carbide India Limited (UCIL) on the night of December 2/3, 1984. In its affidavit filed before Chief Metropolitan Magistrate Vinod Yadav, the CBI said it was necessary in the interest of justice to extradite Mr. Anderson to face trial in the case pending against him in the court of the CJM, Bhopal. The affidavit is an integral part of the extradition request that will be made by India.
“Mr. Anderson had full knowledge of the defective design and structure of the plant and of the poor safety measures adopted at the UCIL, Bhopal, the consequences of which were bound to occur and did occur when the poisonous gas leaked,” the affidavit said.
The CBI, in its affidavit, listed the facts of the case; the investigations conducted by it, the provisions of the Design Transfer and Technical Service Agreement concluded between the UCC and the UCIL in 1973 for setting up the Bhopal plant; and the results of a 1982 Operational Safety Survey by a U.S.-based team of the UCC which pointed to dangerous shortcomings in the Bhopal plant.
The CBI also attached a report of the Expert Group constituted by the Government of India which studied all the scientific and man-made aspects of the disaster; deposition by various prosecution witnesses and relevant paragraphs of the Bhopal trial court's judgment on June 7, 2010, which had mention of the culpability of the UCC in the disaster. The CBI stated that the Supreme Court order of September 13, 1996, quashing charges under Sections 304-Part II of the IPC against Keshub Mahindra and other eight accused, instead holding that they be charged under Section 304-A did not apply to Mr. Anderson as his trial was separated in 1992 from the remaining accused because of his failure to appear before the court.
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