Delhi District Court
Rc3(S)/84/AcuI Nd (Cbi vs Warren M. Andeson & Ors.) Dod: ... on 23 March, 2011
RC3(S)/84/ACUI ND (CBI V/s Warren M. Andeson & Ors.) DOD: 23.03.2011
IN THE COURT OF VINOD YADAV: CHIEF METROPOLITAN MAGISTRATE: DELHI
RC3(S)/84/CBI/ACUI New Delhi
CBI V/s Warren M. Anderson & Ors.
23.03.2011
Present: Shri Arunendra Singh, Ld.APP for CBI.
Shri V. Murugesan, SP CBI (ACUI), New Delhi.
O R D E R:
An affidavit has been filed in this court, interalia seeking extradition of Mr.Warren M. Anderson, S/o Mr.John Martin Anderson (hereinafter referred to as "Mr.Anderson"), who at the relevant time was the Chairman of Union Carbide Corporation (hereinafter referred to as "UCC").
In the intervening night of 02nd/03rd December, 1984, leakage of toxic Methyl Isocynate (MIC) gas took place from the factory of UCC Limited at Bhopal, Madhya Pradesh and world's biggest industrial disaster in human history took place, as a consequence thereof, which left 15,000 people dead and over five lakh injured/permanently disabled. The matter was initially investigated by Bhopal police, however, considering the magnitude of catastrophe, the investigation was handed over to Central Bureau of Investigation (CBI). After completion of investigation, the chargesheet in the matter was filed by CBI in the court of Ld.CJM, Bhopal for offences Application by CBI to extradite "Mr.Warren M. Anderson" (Application Allowed) Page 1 of 5 RC3(S)/84/ACUI ND (CBI V/s Warren M. Andeson & Ors.) DOD: 23.03.2011 punishable U/s 304/326/324/429 IPC r/w Section 35 IPC, interalia citing 12 accused persons, wherein Mr.Anderson was shown as Accused No.1, in the capacity of Chairman, UCC. It is a matter of fact that Mr.Anderson was arrested in the matter on 07.12.1984 and was released on bail on execution of a Personal Bond by him in the sum of Rs.25,000/ to the satisfaction of Bhopal Police. After executing the said Personal Bond that he would appear before the police during investigation as also before the court, he left India for never to return back thereafter.
Even during the course of trial, he did not appear before the court despite the execution of a Personal Bond in this regard by him, which led to the court to issue summons against him, to be executed through National Central Bureau, Washington. The said summons were duly served upon him on 01.12.1987. Mr.Anderson did not appear in court even thereafter, which led to issuance of B/Ws and thereafter even NBWs against him were also issued. Even the issuance of Warrants could not secure his presence before the Court, which ultimately led to issuance of Proclamation U/s 82 Cr.P.C, which was again duly published in newspaper "Washington Post", having circulation in Washington D.C, USA on 01.01.1992. It is again a matter of fact that at that time there was no extradition treaty between India and United States of America (USA), but the CBI continued its effort for securing his presence. Application by CBI to extradite "Mr.Warren M. Anderson" (Application Allowed) Page 2 of 5 RC3(S)/84/ACUI ND (CBI V/s Warren M. Andeson & Ors.) DOD: 23.03.2011 Shri Arunendra Singh, Ld.APP for CBI has very vehemently argued that the initial chargesheet in the matter, showing Mr.Anderson as "primary accused" was filed in the court in time within the period of limitation, as contemplated U/s 468 Cr.P.C and as such, the present extradition application does not come within the vice of Article 7 of Extradition Treaty, dated 14.09.1999 between India and USA.
The learned APP for CBI has further taken me through various proceedings undertaken by CBI and Ministry of External Affairs, Govt. of India, seeking securing of presence of Mr.Anderson in India for facing trial in the matter. It is further argued that earlier attempts of extradition of Mr.Anderson failed on account of communication of US Department of State to Ministry of External Affairs, Govt. of India, dated 02.07.2004, on account of sending of insufficient material for his extradition, in the wisdom of US authorities. It is further very vehemently argued that now, Ld.Chief Judicial Magistrate, Bhopal has passed a detailed judgment in the matter on 07.06.2010, which is conclusive material implicating Mr.Anderson in the matter through the deposition of various witnesses. On the strength of aforesaid material, it is very vehemently argued that there has not been any delay on part of CBI in approaching the US authorities for extradition of Mr.Anderson.
Application by CBI to extradite "Mr.Warren M. Anderson" (Application Allowed) Page 3 of 5 RC3(S)/84/ACUI ND (CBI V/s Warren M. Andeson & Ors.) DOD: 23.03.2011 It is further argued by the learned APP for CBI that Government of India had constituted a committee by the name of "S. Varadarajan Committee", which after probing the matter in detail on the technical aspects had reported that there was defect in the design of plant at the factory premises of UCC at Bhopal at the relevant time.
A chronology of steps taken by CBI, right from the year 1992 till 29.07.2010 would reveal that CBI was not sleeping over the matter and was conscious about its duties to bring Mr.Anderson to book. The learned APP for CBI has further referred to Article 2 as also Article 4 of the Extradition Treaty, which deal with "extraditable offences" and "political offences", to emphasise the point that the offence(s) for which Mr.Anderson was chargesheeted categorically fall in the category of "extraditable offences" and not in the category of political offences and as such, there is no political persecution of Mr.Anderson. It is further argued that the offences for which Mr.Anderson was chargesheeted are also offence under US laws and as such, the principle of "Dual Criminality" is also getting satisfied.
Considering the entire gamut of facts in its holistic perspective and the sentiments of disaster hit people, I deem it expedient and in the interest of justice that there is no bar in law in seeking extradition of Mr.Anderson from the corresponding US authorities and I see no ground or reason that why the US authorities would not cooperate with CBI in extraditing Mr.Anderson.
Application by CBI to extradite "Mr.Warren M. Anderson" (Application Allowed) Page 4 of 5 RC3(S)/84/ACUI ND (CBI V/s Warren M. Andeson & Ors.) DOD: 23.03.2011 Accordingly, the request of CBI for extraditing Mr.Anderson stands allowed. Let extradition request to corresponding US authorities be sent through appropriate Ministry for compliance.
At this stage, I have attested the verification of SP V. Murugesan on the extradition affidavit.
A copy of this order be given dasti to SP V. Murugesan for compliance.
Announced in the open court (Vinod Yadav)
on 23.03.2011 Chief Metropolitan Magistrate:
Delhi
Application by CBI to extradite "Mr.Warren M. Anderson" (Application Allowed) Page 5 of 5