1 week ago
CBI Backs Bhopal Court Jurisdiction in Dow Chemical Case
A court in Bhopal is considering whether it can hear a criminal case involving The Dow Chemical Company.
The case is connected to the Union Carbide gas disaster in Bhopal.
The CBI said cases should usually be heard where the alleged offence happened.
Because the disaster happened in Bhopal, the agency believes the Bhopal court has authority.
The court is also examining whether Dow represents Union Carbide Corporation.
A law called Section 305(6) of the Criminal Procedure Code gives the trial court responsibility for deciding that question.
The CBI said the notice to Dow was sent through the required official channels.
It also said the US Department of Justice did not object to the jurisdiction issue.
The Central Bureau of Investigation argued that offences should ordinarily be tried where they were committed.
Because the Union Carbide gas disaster occurred in Bhopal, the CBI said Bhopal courts have jurisdiction.
The hearing examined whether Indian courts can exercise jurisdiction over The Dow Chemical Company.
The CBI said notices were routed through India’s Ministry of Home Affairs and served by the US Department of Justice.
The agency cited a 2012 Madhya Pradesh High Court observation that the trial court must determine whether TDCC represents Union Carbide Corporation.
- Who
- The Central Bureau of Investigation, The Dow Chemical Company, Union Carbide Corporation, and the Bhopal court are involved.
- What
- The court is considering whether Indian courts have jurisdiction over The Dow Chemical Company in the criminal matter related to the Union Carbide disaster.
- Where
- Bhopal District Court, Madhya Pradesh.
- When
- The hearing took place on Tuesday; the articles do not provide an exact date.
- Why
- The CBI argues that jurisdiction belongs in Bhopal because the gas disaster occurred there.
Key facts
- Case
- Criminal matter related to the Union Carbide disaster in Bhopal
- Court
- Judicial Magistrate First Class court at Bhopal District Court
- Central issue
- Whether Indian courts have jurisdiction over The Dow Chemical Company
- CBI position
- Cases should ordinarily be tried where the offence was committed
- Legal provision cited
- Section 305(6) of the Criminal Procedure Code
- Notice process
- The notice was routed through the Ministry of Home Affairs and served by the US Department of Justice
- Prior court observation
- The Madhya Pradesh High Court addressed the representative and jurisdiction questions in October 2012
Sources
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