Dow Chemical Case: CBI Backs Bhopal Court’s Jurisdiction, Cites Place Of Offence

Bhopal (Madhya Pradesh): Central Bureau of Investigation (CBI) on Tuesday submitted that every offence should ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

Since the Union Carbide gas disaster occurred in Bhopal, the CBI argued, the matter falls within the jurisdiction of the Bhopal court.

The agency further contended that under Indian criminal jurisprudence, jurisdiction is determined by where the offence took place and not by where the suspect resides.

The criminal matter related to Union Carbide disaster in Bhopal was heard on Tuesday before Judicial Magistrate First Class Hemlata Aihrwar at Bhopal District Court.

The hearing centred on whether Indian courts have jurisdiction over The Dow Chemical Company (TDCC-USA), the current owner of Union Carbide Corporation (UCC).

The CBI also cited an October 2012 observation made by Madhya Pradesh High Court on the issue of notice served to TDCC-USA and the question of jurisdiction.

The High Court had noted that whether TDCC-USA is a representative of UCC "still remains to be determined by the trial court under Section 305(6) CrPC," which provides that where a question arises as to whether a person appearing as a representative of a corporation in an inquiry or trial is or is not such a representative, that question should be determined by the court.

The CBI further submitted that the stipulated procedural requirements for serving summons in a foreign territory were duly followed - the notice issued by Bhopal District Court was routed through the prescribed channels of Ministry of Home Affairs and served on TDCC by the US Department of Justice.

The CBI pointed out that the US Department of Justice did not raise any objection on the question of jurisdiction.