Dow Chemical Rescinds Modification Request, Questions Bhopal Court's Authority
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Synopsis
In a recent court session, Dow Chemical withdrew its application for a modification to a prior order regarding its criminal liability in the Bhopal Gas Tragedy case, asserting jurisdictional concerns. The court is set to hear final arguments on April 9 regarding its authority over the company's liability.
Key Takeaways
- Dow Chemical withdrew its modification request during a Bhopal court hearing.
- The company claims the case does not fall under Indian jurisdiction.
- Final arguments are scheduled for April 9.
- Victims demand accountability for the 1984 gas disaster.
- The hazardous waste from Union Carbide factory is currently being disposed of safely.
Bhopal, Jan 24 (NationPress) During the hearing on Thursday regarding the criminal liability case in a Bhopal court, Dow Chemical retracted its application aimed at modifying a prior ruling, asserting that the discussion should focus solely on jurisdiction.
In a previous ruling from December 2024, the district court requested a response concerning Dow Chemical's integrity plan related to the establishment of the Union Carbide factory in Bhopal.
On Thursday, the legal representative for Dow Chemical contended that the court ought to amend its earlier ruling.
However, the CBI (prosecution) objected, arguing that, “The US-based company is not acknowledging the jurisdiction of Indian courts to adjudicate its criminal liability but is instead seeking a modification of the order.”
Public Prosecutor Manphool Bishnoi highlighted that under Indian criminal law, the jurisdiction of the court is determined by the location where the crime occurred, and it is indisputable that the disaster (Bhopal Gas Tragedy) that resulted in the deaths of tens of thousands took place in India.
Regarding the criminal liability matter, Dow Chemical maintained that it had committed “no offence” since it acquired Union Carbide 17 years after the tragedy in 1984.
After considering the arguments from both parties, the district court has scheduled April 9 for final arguments on the liability of Dow Chemical and the jurisdiction of Indian courts over it.
A petition demanding accountability from Dow Chemical for the 1984 gas disaster was submitted in 2014 to a Bhopal district court.
Since that time, Dow Chemical US has received a total of seven summonses for its appearance in this criminal case.
Although Dow Chemical disregarded six summonses, it appeared before Bhopal's trial court in October 2023, marking its first appearance in 17 years.
Since their appearance, they have been claiming that Indian courts lack jurisdiction over the American corporation.
The survivors of the gas tragedy are insisting that Dow Chemical be held accountable for the 1984 incident, which led to thousands of deaths and significant environmental destruction.
Meanwhile, the CBI, the prosecuting agency for this case, is also requesting that Dow Chemical disclose its business integration plan, which assesses the asset value of Union Carbide that was acquired by Dow Chemical.
Dow Chemical has been asserting that the case does not come under the jurisdiction of the Bhopal court, which issued a show-cause notice to the company based on the petitioners' requests.
However, the gas victims argue that the Madhya Pradesh High Court settled the jurisdiction matter in 2012, and Dow Chemical should be charged in the case.
The hazardous chemical waste from Bhopal's Union Carbide factory was relocated for safe disposal to Pithampur in the Dhar district on January 1.
The incineration process is currently being conducted by the state government under the oversight of the Madhya Pradesh High Court.
