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

Dow Chemical Company (TDCC) challenged the CBI's stance on the Bhopal gas trial during a hearing at Bhopal District Court. The CBI argued that under Section 177 of the Criminal Procedure Code (CrPC), an offence should be tried at the site of its occurrence, i.e., Bhopal, irrespective of the suspect's residence. Summons were issued to TDCC through the Ministry of Home Affairs and the US Department of Justice, neither of whom objected to the jurisdiction.

The court deliberated on whether Indian courts have jurisdiction over TDCC or if the issue of jurisdiction even presents itself, given that TDCC is the successor company of Union Carbide Corporation (UCC) and the Madhya Pradesh High Court has already issued its ruling. Avi Singh, representing the Bhopal Group for Information and Action, contended that TDCC should be compelled to present documents proving its merger and corporate integration with UCC.

However, TDCC maintains that UCC-America is a distinct entity, yet it has been reluctant to reveal the documents that could substantiate or refute this claim. Singh emphasized that TDCC has previously appeared before the Madhya Pradesh High Court and Supreme Court and cannot now limit its participation to a narrow focus on jurisdiction, especially considering that the High Court's October 2012 order left the question of Dow Chemical's role as UCC-USA's representative unresolved.