Social activists fighting for enhanced punishment to the accused in the Bhopal gas disaster on Wednesday expressed dismay over the Supreme Court's order dismissing the CBI's curative petition and called it "another black day".
"Supreme Court on Wednesday has heaped yet more injustice on victims who have already suffered it earlier — in 1989 on settlement (for compensation) and in 1996 after dilution of penal charges against the accused. May 11 is another black day in the history of Bhopal," social activist Satinath Sarangi told reporters soon after the apex court delivered its verdict.
Sarangi alleged that the state organs, including judiciary, were not keen on justice to Bhopal gas victims.
"Why should people suffer because the CBI has not done its job well? The government machinery is not inclined to give justice to victims and this includes judiciary. It (court) could have seen that 1996 judgement equated the corporate massacre with a meagre traffic accident."
"The message you are sending out to world is that you can come here, kill us and go back," he added.
A five-judge constitutional bench, headed by Chief Justice S.H. Kapadia on Wednesday dismissed a curative petition filed by the CBI, seeking recall of the apex court's September 1996 order which had diluted the stringent charges of culpable homicide not amounting to murder against the Bhopal gas leakage tragedy accused and had ordered their trial for milder offence of causing death by rash and negligent acts.
While the offence of culpable homicide not amounting to murder entails up to ten years of jail term, the offence of causing death by a rash and negligent act fetches a maximum of two years' jail term on conviction.
The leakage of the deadly Methyl Isocyanate gas from an Union Carbide plant at Bhopal on December 2-3 night in 1984 has left over 15,000 dead and tens of thousands others maimed for life.
Additional solicitor general Indira Jai Singh, however, saw a silver lining in the apex court's verdict and said, "The judgement very categorically says that sessions court in revision case pending, can go ahead and frame charges under section 304-II (culpable homicide not amounting to murder or the unintentional killing) on the basis of the new evidence that has surfaced now. In that sense, it is positive."
"The court has opened a door for prosecution of accused under charges of culpable homicide not amounting to murder (304-II of IPC). It is now up to the sessions court to decide and frame charges," she said.
She said that "two years punishment (awarded by trial court earlier) is not enough".
Bhopal gas activist Sarangi, however, expressed dismayand anguish that the 1996 judgement was not set aside.
He said, "In 2010 when trial court heaped this injustice, the whole country had voiced its outrage. Now the Supreme Court has put its stamp of approval on it. This is disgusting. I am disappointed. We have no other way than to go back to the people and for the victims to speak and express their outrage again."
Saranagi pointed out that "the court could have seen that the concept of curative petition came in 2002 only and more evidence from the US federal court surfaced only six months beck. New evidence makes things clearer."
Activist Madhumita Das also lamented that "people have to suffer for mistakes committed by the governments".
"I am shocked. After so many years there was hope for Bhopal victims. For the mistakes of the government and the CBI, the victims have to suffer again," she rued.
"The Supreme Court could have taken a more pragmatic view. It is the second time that Supreme Court has failed them (victims)," she said.
Another activist Rachna Dhingra said, "At the end of the day, the victims have to pay for CBI's unwillingness and incompetence. As the next step we will seek to have day-to-day hearing of the case in the sessions court and seek trial on graver charges in light of the new evidence."