Court Allows CBI Plea to Extradite Warren Anderson


New Delhi, March 23 (IANS) A Delhi court Wednesday allowed a Central Bureau of Investigation (CBI) plea seeking extradition of US-based former Union Carbide chief Warren Anderson for the 1984 Bhopal gas disaster.

Chief Metropolitan Magistrate (CMM) Vinod Yadav said everyone in India wants Anderson, 90, to be extradited to India for the world's worst industrial disaster.

"Why should (the) plea not be allowed as from 1992 till 2010 the CBI was regularly trying to extradite Anderson. This relates to sentiments of thousands of victims' families," he said.

"Going through the voluminous records submitted by the CBI, it is clear that the agency was not sleeping over the matter of bringing Anderson to India," he added.

In its 33-page application, the CBI has demanded that extradition proceedings against Anderson should begin.

"Relying on the Bhopal court order that had implicated Anderson as the main accused and also on the depositions by some of the witnesses during the trial of the case, it is clear that the CBI's attempt of nailing Anderson has not stopped," the court observed.

"Considering the gamut of facts and sentiments of disaster-hit people, there is no bar in seeking extradition from the US. I see no reason as to why the US should not send Anderson here. Accordingly, the CBI's plea of extradition stands allowed," he said.

At the beginning of the hearing, the CMM pulled up the CBI for laxity in its attitude in bringing the main accused in the gas tragedy here and said: "Why is the CBI so late? We cannot keep the matter open in court. This court cannot work on whims and fancies of the premier investigating agency."

Asking the CBI to feel the sentiments of the lakhs of people hit by gas tragedy, the court said: "Why is the CBI turning a blind eye to this? Everyone in India wants him to be extradited."

The court, while allowing the CBI plea, said: "Liability and personal knowledge of Anderson cannot be ruled out. Culpability of Anderson cannot be denied."

It said that Anderson had full knowledge about the defective design and structure of the Union Carbide's pesticide plant in Bhopal and its poor safety measures that led to the leak of toxic gas on the night of Dec 2-3, 1984.

"Warren M. Anderson is liable to be prosecuted on extradition to India for offence under section 304 IPC (culpable homicide not amounting to murder)," said the CBI referring to the extradition treaty between the US and India.

"As per the provisions contained in the extradition treaty dated Sep 14, 1999 between the US and India, reciprocity has been granted for the extraditable offence punishable for a period of more than one year or by a more severe penalty," the CBI said.

The Bhopal gas tragedy, the world's worst industrial disaster, instantly killed thousands of people and many thousands more in the years to come.

Arrested Dec 7, 1984, Anderson was granted bail by a Bhopal court. He flew back to the US and never returned to India to stand trial.

He was declared a proclaimed offender by the Bhopal chief judicial magistrate in 1993.


 

  

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