Former Chief Justice of India A.H. Ahmadi on Tuesday rejected criticism of dilution of charge against Union Carbide executives in Bhopal gas tragedy case, saying in criminal law there was no concept of vicarious liability.
He also lamented that there was absence of law to deal with disasters of Bhopal kind and said law can be amended to provide for adequate punishment.
Justice Ahmadi, who headed the bench in 1996 that converted the Central Bureau of Investigation charge under the stringent provisions of 304-II that provided for maximum of 10 years imprisonment to section with two years maximum imprisonment, said it was easy for people to talk and make allegations but judges have to work under the system.
“One has to work within the system, within the framework of law. It is easy to speak today, to swing with the tide,” he said reacting to criticism that the decision given by the bench had led to light punishment given by a Bhopal court in the gas case on Monday.
“There is no concept of vicarious liability. If my driver is driving and meets with a fatal accident, I don’t become liable to be prosecuted under 304-II,” he said.
Justice Ahmadi said that there was no vicarious liability concept in criminal law except that “if there is an abetment, the abettor may be joined with the principal offender. If there is a common intention situation or conspiracy situation, that is understandable. Otherwise no.”
Justice Ahmadi said he was not claiming he was always right.
“We can go wrong but there are remedies. If I had made mistake then there was ample time for people to get it reviewed. CBI could have got it reviewed and the NGOs could have got it. Why not? It only goes to show that the decision was correct.” —PTI