New Delhi: Former Supreme Court Chief
Justice A H Ahmadi 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
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 CBI 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 bench had led to light punishment given by a Bhopal court
in the gas case yesterday.
"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."