KESHUB MAHINDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) LEAVE granted in all these Special Leave Petitions.

(2.) IN these appeals the concerned appellant -accused have brought in challenge the order dated 8th April 1993 passed by the Court of 9th Additional Sessions Judge, Bhopal in Sessions Trial No. 257 of 1992 whereby the learned Sessions Judge framed charges against the appellants in appeals - arising out of S.L.P. (Crl.) Nos. 3900 of 1995, 3901 of 1995 and 3953 of 1995 under sections 304 Part II, 326, 324 and 429 read with section 35 of the Indian Penal Code (for short 'IPC') and framed charges under sections 304 Part II, 326, 324 and 309 against the appellants in appeal arising out of S.L.P. (Crl.) No. 3932 of 1995. They had also challenged the orders of the High Court of Madhya Pradesh at Jabalpur in Criminal Revision Application Nos. 237/93, 238/93, 312/93 and 311/93 whereby these charges were sustained. Appeal arising out of S.L.P. (Crl.) No. 3900 of 1995 is moved by Shri Keshub Mahindra who is accused No.2 before the Sessions Court. Appeal arising out of S.L.P. (Crl.) No. 3901 of 1995 is moved by Shri V.P. Gokhale who is accused No.3 in the same case. Appeal arising out of S.L.P. (Crl.) No. 3953 of 1995 is moved by Kishore Kamdar who is accused No.4 in the said case while the last appeal arising out of S.L.P. (Crl.) No. 3932 of 1995 is moved by six accused being Shri J. Mukund accused No.5, Dr. R.B. Roy Choudhary accused No.6, Shri S.P. Chaudhary accused No.7, Shn K.V. Shetty accused No.8, Shri S.I. Qureshi accused No.9 and Union Carbide India Limited ('UCIL' for short) accused No. 12 in the same case pending before the Sessions Court at Bhopal. The concerned appellants had moved the High Court of Madhya Pradesh at Jabalpur under sections 397 and 482 of the Code of Criminal Procedure (CrPC) for quashing the aforesaid charges.

(3.) A grim tragedy of unprecedented nature occurred at Bhopal on the night intervening 2nd December 1984 and 3rd December 1984 wherein between 0030 hours and 0045 hours a highly dangerous and toxic gas called MIC escaped from tank No. E610 from the Bhopal factory belonging to accused No. 12 UCIL. As a result of this leakage 3828 human beings lost their lives while permanent injuries were caused to 18922 human beings, temporary disablement was suffered by 7172 human beings, temporary disablement caused by permanent injury was suffered by 1313 persons while permanent partial disablement was suffered by 2680 persons. While 40 human beings suffered from permanent total disablement and the death toll of animals amounted to 2544. This ghastly tragedy has come to be known as 'Bhopal Gas Tragedy'. After the gas leakage Crime Case No. 1104 of 1984 was registered at the Police Station Hanumanganj, Bhopal on 3rd December 1984 by the Station House Officer suo motu. This case was registered under section 304 -A, IPC. In the said case 12 accused were indicted. Accused No. 1 was Shri Warren Anderson who was the Chairman of Union Carbide Corporation. The said concern was also indicted as accused No. 10. Accused No.2 Keshub Mahindra was the Chairman of UCIL which in its turn was shown as accused No. 12. Accused No. 3 V.P. Gokhale was shown as an accused in his capacity as Managing Director of UCIL. Kishore Kamdar who was the Vice President and Incharge of A.P. Division of UCIL was shown as accused No.4. Shri J. Mukund the Works Manager of the Bhopal Plant was joined as accused No.5. Dr. R.B. Roy Choudhary who was Assistant Works Manager, A.P. Division, UCIL at Bhopal was joined as accused No.6. Accused No.7 was Shri S.P. Choudhary, Production Manager of the Bhopal Plant. Shri K.V. Shetty, Plant Superintendent of the said Bhopal plant was accused No.8. Shri S.I. Qureshi was shown as accused No.9. He was Production Assistant at the said Bhopal plant. Out of the above accused persons accused Nos. 5, 6, 7, 8 and 9 were stationed at Bhopal and were incharge of the Bhopal Plant itself.