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SC dismisses CBI petition, rejects harsher punishment for Bhopal gas tragedy accused

NEW DELHI: The Supreme Court turned down on Wednesday a government demand to re-open the case into the 1984 Bhopal gas tragedy and hand harsher sentences to seven men convicted of negligence. The court dismissed CBI's curative petition seeking restoration of stringent charges against Bhopal tragedy accused saying it was filed 14 years after the 1996 judgment, which was only a prima facie view of evidence that had come on record till that time. A five-judge constitutional bench, headed by Chief Justice S H Kapadia, however, left a window of opportunity open saying the pending proceedings before the sessions court against the Chief Judicial Magistrate's judgement awarding two years sentence to the accused, including Union Carbide India Chairman Keshub Mahindra will not be influenced by any order passed by it, PTI reported. The unanimous order was passed by the bench that included justices Altamas Kabir, R V Raveendran, B Sudershan Reddy and Aftab Alam. The CBI and the Madhya Pradesh government filed the curative petitions after a public outcry over what was considered as a mild punishment for a tragedy that claimed over 15,000 lives in December 1984 and had left several thousands maimed by the leakage of deadly Methyl Isocyanate gas. In 1996, a two-judge bench of the apex court, headed by the then Chief Justice A H Ahmadi had diluted the charges against the accused from Section 304 Part II of the IPC providing for a maximum of ten years imprisonment to Section 304(A) that deals with rash and negligence act with a maximum punishment of two years. The CBI and the MP government have filed revision petitions in the sessions court against the judgement of the CJM, Bhopal, which had awarded two years jail term to various accused in the Bhopal gas tragedy case.

                                                                                                               
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