CBI Vs. KESHUB MAHINDRA

JUDGEMENT

(1.) These curative petitions are filed by Central Bureau of Investigation for recalling the judgment and order dated 13.9.1996 of this Court in Keshub Mahindra vs. State of M.P., 1996 6 SCC 129), (Criminal Appeal Nos. 1672-1675 of 1996 decided on 13.9.1996 on the following premises :

(2.) On the night of December 02, 1984 there was a massive escape of lethal gas from the MIC storage tank at Bhopal plant of the Union Carbide (I) Ltd. (UCIL) into the atmosphere causing the death of 5,295 people leaving 5,68,292 people suffering from different kinds of injuries ranging from permanent total disablement to less serious injuries. On the day following the incident, the SHO, Hanuman Ganj Police Station, suo moto, registered a Crime Case No. 1104 of 1984 under Section 304A IPC. On December 06, 1984 investigation was handed over to the CBI, which investigation stood completed, resulting in filing of charge sheets by the CBI in the Court of C.J.M., Bhopal on December 01, 1987. Since the charge sheets inter alia alleged commission of offence under Sections 304, 324, 326, 429 read with Section 35 of IPC, the case was committed by the C.J.M. to the Sessions Court as Sessions Case No. 237 of 1992 (See : Order dated 30th April, 1992). On 8th April, 1993, the 9th Additional Sessions Judge, Bhopal passed an order framing charges against the accused Nos. 5 to 9 under Sections 304 (Part II), 324, 326 and 429 of IPC and against accused Nos. 2, 3, 4 and 12 under the very same Sections but with the aid of Section 35 of IPC. It may be mentioned that at the time of framing of charge, the Court had before it, accused Nos. 2 to 9 and accused No. 12 (UCIL) whereas accused No. 1 (Warren Anderson) was absconding and the Court was also unable to bring before it the other two companies, UCC and Union Carbide Eastern Inc., accused Nos. 10 and 11.

(3.) The accused after having unsuccessfully challenged the order framing charge by the Court of Sessions before the Madhya Pradesh High Court, brought the matter to this Court in four separate appeals in which the leading case was Appeal (Cri.) No. 1672 of 1996 filed at the instance of accused No. 2 which stood ultimately disposed of by the judgment of the Division Bench of this Court dated September 13, 1996 in the case of Keshub Mahindra (supra). This Court held that on the material produced by the prosecution before the Trial Court at the stage of framing of charges, no charges could have been framed against the accused under Section 304 (Part II) or under Sections 324, 326, 429 with or without the aid of Section 35 IPC and it accordingly quashed the charges framed by the Sessions Court and directed that on the material led by the prosecution the charge under Section 304A IPC could be made out against accused Nos. 5, 6, 7, 8 and 9 and under the same sections with the aid of Section 35 against accused Nos. 2, 3, 4 and 12. Applications seeking leave to file a review petition being Criminal Misc. Petition Nos. 1713-16 of 1997 in a proposed review petition stood dismissed on March 10, 1997. These applications were filed jointly by Bhopal Gas Peedith Sangharsh Sahyog Samiti (BGPSSS), Bhopal Gas Peedith Mahila Udyog Sangathan (BGPMUS) and Bhopal Group for Information and Action (BGIA). The CBI/State of M.P. did not question the said 1996 judgment or filed any review petition under Article 137 of the Constitution and instead proceeded for the next 14 years to prosecute the accused under Sections 304A, 336, 337, 338 read with Section 35 IPC. It is only on 26th April, 2010, after the defence evidence stood concluded and after conclusion of the oral arguments by the Senior Public Prosecutor, that, a petition was filed jointly by BGPSSS and BGPMUS under Section 216 Cr.P.C. for enhancement of the charge to Section 304 (Part II) IPC. This application was not supported by CBI. The said application was rejected by the C.J.M. on the same day. However, this order of the C.J.M. was also never challenged under Section 397/399 or under Section 482 Cr.P.C. Ultimately on June 7, 2010 Criminal Case No. 1104 of 1984 stood disposed of by the C.J.M. vide his judgment convicting accused Nos. 2 to 5, 7 to 9 and 12 under Sections 304A, 336, 337, 338 read with Section 35 IPC and sentencing them to two years' imprisonment. On June 29, 2010 Criminal Appeal No. 369 of 2010 was filed by State of M.P. before the Court of Sessions with a prayer for enhancement of sentences under the existing charges. On the same day the State of M.P. also filed Criminal Revision Application No. 330 of 2010 before the Court of Sessions under Section 397 Cr.P.C., challenging the alleged failure of the C.J.M. to enhance the charges to Section 304 (Part II) in exercise of his jurisdiction under Section 216 Cr.P.C., and to commit the trial of the case to Sessions under Section 323 Cr.P.C. and inter alia praying for a direction to enhance charges and commit. On July 29, 2010 Criminal Appeal No. 487 of 2010 was filed by the CBI before the Court of Sessions for enhancement of sentences under the existing charges. On 23rd August, 2010, CBI filed the criminal revision only after the present curative petitions were filed before this Court on August 2, 2010. All the appeals and revisions remain pending before the Court of Sessions.