Bhopal verdict: Court to hear CBI plea

The Madhya Pradesh governments attempt to pre-empt the CBI in challenging the lower courts verdict in the Bhopal gas tragedy case...

The Madhya Pradesh governments attempt to pre-empt the CBI in challenging the lower courts verdict in the Bhopal gas tragedy case received a setback on Monday when the District Sessions Judge held that the central agency will be heard to avoid dispute.

The state government had last week filed an appeal and a revision plea against the CJM courts June 7 verdict. CJM Mohan Tiwari had sentenced eight accused,including non-executive chairman of Union Carbide India Limited Keshub Mahindra,to two years in jail and fined them Rs 1 lakh each. The UCIL,also one of the accused,was fined Rs 5 lakh.

The state government in its plea had sought enhancement in the sentence and the fine as also the degree of charges under which the accused were tried and convicted. There is no dispute that the investigation was made by the CBI and,therefore,to avoid any dispute,it will be reasonable to give an opportunity to the CBI before admitting this appeal for final hearing, District Sessions Judge Subhash Kakade said in his order.

While posting the matter for July 16,the Judge said a notice should be sent to the CBI at its Delhi address.

Before passing the order,the Judge had heard Additional Solicitor General Vivek Tankha on why the state government was competent to file an appeal in the matter under Section 377 of the CrPC. In its appeal,the state prayed that the trial court could have treated each count of death and injury separately and convicted the accused on each count separately.