Dow Chemical Company Objects To CBI's Stand On Bhopal Trial

Bhopal (Madhya Pradesh): The Dow Chemical Company (TDCC) during a hearing at Bhopal District Court on Thursday raised objections after CBI argued that under Section 177 of CrPC, an offence must be tried where it was committed, that is, Bhopal regardless of where the suspect resides.

Summons on TDCC were served through the Ministry of Home Affairs and the US Department of Justice. The latter raised no objection on jurisdiction while serving the notice.

The Bhopal District Court heard arguments on Thursday in the criminal case relating to December 1984 Union Carbide Bhopal gas disaster, on whether Indian courts have jurisdiction over The Dow Chemical Company (TDCC), USA, or whether the question of jurisdiction even arises at all since TDCC is the successor company of Union Carbide Corporation (UCC) and Madhya Pradesh High Court has already given its ruling on this issue.

Senior advocate Avi Singh appearing for Bhopal Group for Information and Action argued that The Dow Chemical Company (TDCC) should be directed to produce documents showing its merger and corporate integration with UCC. Dow Chemical Company claims that UCC-America is a separate company but it is refusing to produce the very documents that would prove or disprove that claim, he said.

According to Avi Singh, The Dow Chemical Company (TDCC) has repeatedly appeared before Madhya Pradesh High Court and Supreme Court and cannot now confine itself to a "limited appearance" on jurisdiction alone especially since High Court's October 2012 order left open the question of whether Dow Chemical is UCC-USA's representative.