While the Group Of Ministers (GoM) on the Bhopal gas tragedy recommended the re-opening of certain cases including former Union Carbide chief Warren Anderson's extradition, senior advocate Fali Nariman, who also represented Union Carbide in 1985 feels what the Government is saying is not legally tenable. He also said that the Attorney General GE Vahanvati's opinion given to the GoM on the Bhopal case is wrong.
CNN-IBN’s Karan Thapar spoke to senior advocate Fali Nariman in the Devil’s Advocate.
Karan Thapar: First of all, they (Government) want to reopen the settlement with the hope of increasing the compensation, do you think that's likely to succeed?
Fali Nariman: No, I don't
Karan Thapar: Why?
Fali Nariman: Because a settlement is a settlement with the implement of the court, and unless there is some fraud involved it is never reopened.
Karan Thapar: Even though for the very hardcore, the settlement has turned out to be inadequate and unjust, even then the settlement can't be reopened?
Fali Nariman: Yes, because the court had in fact stated that even assuming that it was wrong with regard to the quantum, it would be the responsibility of the Government to make up that extra amount.
Karan Thapar: The second thing the government is trying to do is to prosecute Keshub Mahindra and some 6 or 7 others under section 304 (2), but section 300 of the code of criminal procedure says that a person cannot be tried for the same offence, with the same facts twice.
Fali Nariman: For the same set of facts you can not have another offence and convict them either in appeal or otherwise and then say that they are liable to a higher degree of punishment.
Karan Thapar: So it’s illegal to do this?
Fali Nariman: Yes of course it is.
Karan Thapar: But the point is that the belief that the government can reopen the case and now charge Keshub Mahindra under a higher offence - 304 (2), rather than 304-A is a belief that has been emboldened by the advise of the Attorney General.
Fali Nariman:You better ask the Attorney General.
Karan Thapar: But you believe the Attorney General is wrong.
Fali Nariman: Yes, of course
Karan Thapar: Wrong?
Fali Nariman:Yes.
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