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…
Central Bureau of Investigation (CBI) has backed the Bhopal court's jurisdiction in the case of the Union Carbide gas disaster, emphasizing that the offense occurred in Bhopal. The CBI argued that Indian criminal jurisprudence determines jurisdiction based on where the offense took place, not the suspect's location. The criminal matter was heard before Judicial Magistrate First Class Hemlata Aihrwar at the Bhopal District Court.
The CBI cited a 2012 observation by the Madhya Pradesh High Court regarding the issue of notice served to TDCC-USA, the current owner of Union Carbide Corporation (UCC). The High Court noted that determining whether TDCC-USA is a representative of UCC should be decided by the trial court under Section 305(6) CrPC. The CBI also confirmed that procedural requirements for serving summons in a foreign territory were followed, with the notice issued by Bhopal District Court routed through the Ministry of Home Affairs and served on TDCC by the US Department of Justice, who did not raise any objection to the jurisdiction.
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