Court decision - translation of key paragraphs from the
Ruling of Chief
Judicial Magistrate, Rameshwar Kothe, in the Bhopal District Court, 29
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sentence 10 years] need not be rescinded and reissued under the new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.
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.
Case to be taken with the original Case [Mool] on 17-18 October