Once sentenced, cannot be tried again: Jurist on Bhopal case

As the debate over Bhopal gas disaster rages on, noted jurist Fali S Nariman, who had represented Union Carbide in court, today said those who have been given sentences cannot be prosecuted again for the same crime even if the punishment is light.

"Actually it makes no difference whether justice Ahmadi was right or wrong because I think what is being overlooked is section 300 of the criminal law that says that once a person has been charged, convicted and sentenced of an offence which attracts a small term of imprisonment"

"So long as that sentence stands, he or she cannot be charged again, tried again," he told TV channels. 

On the GoM's decision to seek extradition of then UCIL CEO Warren Anderson, he said, "I don't know. If they want to... let them do it. That is something which is political. The people are angry with all that has happened".

Nariman added that he had no opinion on whether Anderson should be back. "I have nothing to do with him".

Asked about facing criticism for representing Union Carbide, he said, "There cannot be any justification. Whether it brings kudos or brickbats, that is a matter of public opinion".

When asked is he would have represented Union Carbide after knowing all the facts, he answered, "Possibly not".