Dow Chemical withdraws application to seek modification on previous order, questions Bhopal court’s ‘jurisdiction’

Bhopal, Jan 24 (IANS) During Thursday’s hearing on the “criminal liability” case in a Bhopal court, Dow Chemical withdrew its application seeking modification on a previous order, arguing that the hearing should be on “jurisdiction” only.

In its previous order in December 2024, the district court sought a response on Dow Chemical’s business integrity plan during the establishment of the Union Carbide factory in Bhopal.

On Thursday, the counsel representing Dow Chemical argued that the court should make modifications to its previous order.

However, the CBI (prosecution) opposed it contending that, “The US-based firm is not accepting Indian Court’s jurisdiction to decide criminal liability against it, but seeking a modification on the order.”

Public Prosecutor Manphool Bishnoi pointed out that under Indian criminal law, the jurisdiction of the court is decided by the place where the criminal offence has been committed and undisputedly the disaster (Bhopal Gas Tragedy) that killed tens of thousands occurred in India.

On the “criminal liability” issue, Dow Chemical argued that it had committed “no offence” as it had purchased Union Carbide 17 years after the disaster happened in 1984.

After hearing the arguments from both sides, the district court has set April 9 as the date for final arguments on matters of liability of Dow Chemical and the jurisdiction of Indian courts over it.

A petition demanding that Dow Chemical be held accountable for the 1984 gas tragedy was filed in 2014 in a Bhopal district court.

Since then, Dow Chemical US has been sent as many as seven summons for appearance in the criminal matter.

Dow Chemical ignored six summons, however, appeared before Bhopal’s trial court in October 2023, for the first time in 17 years.

Since their appearance, they have been citing that Indian courts have no jurisdiction over the American firm.

The victims of the gas tragedy are demanding that Dow Chemical be held accountable for the 1984 tragedy, which killed thousands and caused severe environmental damage.

In the meantime, CBI, the prosecution agency in this matter, is also seeking that Dow Chemical reveal its business integration plan which ascertains the asset amount of Union Carbide that went into Dow Chemical.

Dow Chemical has been arguing that the case does not fall under the jurisdiction of the Bhopal court, which had served a show-cause notice to it based on the pleas of the petitioners.

However, the gas victims assert that the Madhya Pradesh High Court resolved the jurisdiction issue in 2012, and Dow Chemical should be made an accused in the case.

The hazardous chemical waste of Bhopal’s Union Carbide factory was shifted for safe disposal at Pithampur in Dhar district on January 1.

The incineration process is being carried out by the state government under the supervision of the Madhya Pradesh High Court.

–IANS

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