A CBI request for extraditing the former Union Carbide Corporation chairman, Warren Anderson, was allowed by a Tis Hazari court here on Wednesday. It directed that the “extradition request to the corresponding U.S. authorities be sent through the appropriate Ministry”.
Chief Metropolitan Magistrate Vinod Yadav attested the affidavit the CBI investigating officer in the Bhopal gas tragedy case had filed before the court on Tuesday. Thousands lost their lives and over five lakh people were injured in the December 2/3, 1984 tragedy.
“Considering the entire gamut of facts in a holistic perspective and the sentiments of the disaster-hit people, I deem it expedient and in the interest of justice that there is no bar in law to seeking extradition of Mr. Anderson. And I see no ground or reason why the U.S. authorities would not cooperate with the CBI in extraditing him,” Mr. Yadav said in his order.
Emphasising that Mr. Anderson was not being subjected to political persecution, the CBI counsel referred to Articles 2 and 4 of the India-U.S. Extradition Treaty, which deal with “extraditable offences” and “political offences,” to show that his offences fell in the former category. Moreover, the offences for which Mr. Anderson was chargesheeted were offences under U.S. laws also. As such, the principle of “dual criminality” under Article 2(1) of the Treaty was satisfied.
