2 min readBhopalJun 30, 2010 01:32 AM IST
First published on: Jun 30, 2010 at 01:32 AM IST
The Madhya Pradesh government on Tuesday filed an appeal in the District and Sessions Court seeking enhancement of the jail term awarded to the accused in the Bhopal gas tragedy.
A CJM court,had on June 7,convicted seven former officials of the Union Carbide India Limited,including the then non-executive chairman Keshub Mahindra,in the case.
Filed under Section 377 of CrPC,the state government has argued that not all deaths occurred simultaneously and so each death should be counted as a separate offence.
This was one of the recommendations of the six-member legal panel headed by Additional Solicitor General Vivek Tankha. The state government accepted all the recommendations of the panel formed a couple of days after the trial courts verdict.
The state government also filed a revision plea under Section 397 calling for records to exercise powers of revision in the same court. The section empowers the Sessions Court to call and examine records of proceedings before an inferior court to satisfy itself about the correctness,legality or propriety of any finding.
The court will decide on the admissibility of the pleas on Wednesday. Deputy Director,Prosecution,Satish Dinkar,who filed the pleas,said if the CBI which was the prosecuting agency files similar appeals,the court could merge them.
The court on Wednesday also admitted the appeals filed by the seven accused challenging the trial courts judgment. The defence lawyers had moved bail pleas of all the accused but the court said it would decide them on merit on Wednesday.
Keshub Mahindras lawyers while seeking bail argued that he being the non-executive chairman had no criminal liability. His lawyers also sought bail on grounds of Mahindras old age and
ill health.
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