Court decision - translation of key paragraphs from the Hindi original

Ruling of Chief Judicial Magistrate, Rameshwar Kothe, in the Bhopal District Court, 29 August 2002

Para 10:
In the light [parisheelan] of the Honourable Supreme Court's judgement of 13 September 1996, it is clear that the Honourable Supreme Court ordered relief (amendment of charges) for Accused persons 2 to 9 and to Accused no. 12, who had applied for this purpose to the Honourable Supreme Court, and that the relief applies to those accused only. Because Accused no. 1 (ex Carbide CEO Warren Anderson) has absented himself from this court from the very beginning of the trial, he has not appeared in person to request that the charges against him be amended, nor made any legal application regarding the charges framed in the charge sheet. Therefore the case against Accused no 1 remains as originally framed by the Prosecution and on this basis the Permanent Arrest Warrant against Accused no. 1 which was issued under the original Section [Section 304 (Part II) of the Indian Penal Code- culpable homicide not amounting to murder - maximum sentence 10 years] need not be rescinded and reissued under the new Section [Section 304(A) - causing death by rash and negligent act not amounting to murder - maximum sentence 2 years or a fine of Rs 5000, approximately equal to $120] as demanded in the application.
The application of the Prosecution is therefore rejected.


Para 11:
The Prosecution should have taken immediate action for the extradition of Accused no 1, instead of which they have baselessly [nirarthakly] filed this application. Therefore their application is rejected and they are ordered to take immediate action for the extradition of Accused no 1 and to inform the court of their progress on the next hearing.


Para 12:
Case to be taken with the original Case [Mool] on 17-18 October 2002.