Bhopal gas tragedy: CBI tells court Dow cannot evade Indian jurisdiction over Union Carbide case

Bhopal, Aug 25 (IANS) The Central Bureau of Investigation (CBI) on Tuesday told a Bhopal court that the location of the 1984 gas disaster, and not the overseas status of the company now owning Union Carbide Corporation, determines criminal jurisdiction in the long‑running case against the Dow Chemical Company (TDCC‑USA).

The submission came before Judicial Magistrate First Class Hemlata Ahirwar during arguments on whether the Bhopal court can exercise jurisdiction over TDCC, which acquired Union Carbide Corporation (UCC) in 2001, nearly 17 years after the disaster.

The CBI argued that the alleged offence was committed in Bhopal and therefore criminal proceedings fall within the jurisdiction of the local court. It relied on Section 177 of the Code of Criminal Procedure, which provides that an offence is ordinarily to be inquired into and tried by a court within whose local jurisdiction it was committed.

The prosecution’s argument assumes significance because TDCC is based in the US, while the criminal case relates to events at the Union Carbide plant in Bhopal. The CBI maintained that the residence or place of incorporation of an accused does not determine territorial jurisdiction when the alleged offence itself occurred within India.

The agency also cited an October 2012 observation of the Madhya Pradesh High Court regarding the notice issued to TDCC‑USA. The High Court had left it to the trial court to determine whether TDCC could be treated as a representative of UCC under Section 305(6) of the CrPC.

The CBI said the procedural requirements for serving the court’s notice on a foreign entity had been complied with. According to the agency, the Bhopal court’s notice was routed through the Ministry of Home Affairs and served on TDCC by the US Department of Justice. It said US authorities did not object to the Indian court’s jurisdiction while serving the notice.

The dispute over TDCC’s jurisdiction has added a new dimension to criminal proceedings stemming from the Bhopal gas tragedy, one of the world’s worst industrial disasters. On the intervening night of December 2 and 3, 1984, methyl isocyanate leaked from the Union Carbide plant in Bhopal, killing thousands and exposing a large population to toxic gas. Survivors and victims’ families have continued to pursue legal remedies for the disaster’s consequences.

Union Carbide Corporation and its officials faced criminal proceedings in India. While dealing with the 1989 settlement between Union Carbide and the government, the Supreme Court allowed the criminal proceedings to continue.

The Bhopal Group for Information and Action (BGIA), which is assisting the prosecution, will make its submissions on September 17 on the jurisdictional issue and TDCC’s alleged criminal liability.

–IANS

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