The Supreme Court will examine on Tuesday the petition filed by CBI seeking to restore the stringent charge of culpable homicide, which attracts the maximum punishment of 10 years jail term, against the accused in Bhopal gas leak case.
The curative petition filed by the agency has sought recalling of apex court's 14-year-old judgement that had diluted the offence.
The petition is listed for in-chamber proceedings before a three-judge Bench comprising Chief Justice S H Kapadia and Justices Altamas Kabir and R V Raveendra.
The three senior most judges of the apex court will examine the petition, cleared by Attorney General G E Vahanvati, in which CBI has said there was a "gross miscarriage" of justice in the case.
The agency has sought reconsideration of the September 13, 1996, apex court judgement which had whittled down the charge to causing death due to rash and negligent act against former Union Carbide India Chairman Keshub Mahindra and six others.
"We have asked the court to reconsider the decision of the apex court which diluted the charges against the accused. We have sought a direction from the court to restore section 304 part-II (culpable homicide not amounting to murder) of the IPC," advocate Devadatt Kamat, who drafted the over 500-page curative petition, said.
Besides Mahindra, Vijay Gokhale, the then Managing Director of UCIL, Kishore Kamdar, the then Vice President, J N Mukund, the then Works Manager, S P Choudhary, the then Production Manager, K V Shetty, the then Plant Superintendent and S I Quereshi, the then Production Assistant were convicted and sentenced to two years jail term by a trial court in Bhopal on June 7.
The trial court verdict had sparked an outrage with civl society activists and political parties seeking an appeal against it, maintaining the accused had been tried under a less stringent provision of law for the tragedy that left over 15,000 people dead and thousands maimed.