CHIEF JUDICIAL MAGISTRATE, BHOPALS ORDER OF JANUARY 6, 2005, REQUIRING
DOW CHEMICAL COMPANY, USA TO STATE WHY IT SHOULD NOT BE ASKED TO PRESENT
ABSCONDING ACCUSED UNION CARBIDE CORPORATION IN THE ONGOING CRIMINAL CASE
ON THE DECEMBER 84 DISASTER IN BHOPAL
[Unofficial translation from original in Hindi]
Chief Judicial Magistrate, Bhopal
January 6, 2005
Criminal Case No. (MJC) No. 91 of 1992
State Versus Warren Anderson & others
Bhopal Group for Information and Action, Bhopal, Bhopal Gas Peedit Mahila
Udyog Sangathan, Bhopal, and Bhopal Gas Peedit Sangharsh Sahayog
Samiti, New Delhi [Assisting the Prosecution]
Through Not Present
Bhopal Group for Information and Action
Kishore Joshi, Advocate Present
Bhopal Gas Peedit Mahila Udyog Sangathan
Abdul Jabbar Present
Dow Chemical International Private Limited
Sandeep Gutpa, Advocate Present
Bhopal Gas Peedit Sangharsh Sahyog Samiti
Jai Prakash Present
Through this order a decision
is being given on the application presented by Bhopal Group for Information
and Action on 26.02.04. On 15.06.04 this court had passed an order on
the application, that it would not be proper to pass an order on affixing
criminal and civil liability on Dow International Private Limited without
listening to the opposite party,. and that before passing an order on
the application, it would be necessary to hear Dow Chemical International.
Keeping these facts in view, this court had issued notice to Dow International,
Corporate Park, VN Purab Marg, Mumbai, along with a copy of the application
to show cause why the application of the applicants should not be granted.
In response to the summons, Advocate Mr. Sandeep Gupta representing Dow
India System Private Limited, which merged with Dow Chemical International
Limited according to the certificate, appeared before the court, and Dow
India Systems Limited and Dow Chemical International Limited,
were stated to be the subsidiary company of Dow Chemical International
Limited, Singapore. Whereas, the application presented before this court
on 26.02.04 mentions that Union Carbide Corporation is a subsidiary company
of Dow Chemical Company, Midland, Michigan, USA and it is their application
that this company be made a party in the criminal case.
In the light of the above facts and consequent to the order of 15.06.04
a notice be issued through the appropriate legal procedure to Dow Chemical
Corporation, Midland, Michigan, USA along with a copy of this application.
Case is fixed for 15.02.05 for reply to the application.
Anil Kumar Gupta
Chief Judicial Magistrate
APPLICATION BY BHOPAL GROUP FOR INFORMATION AND ACTION
THE COURT OF HON'BLE CHIEF JUDICIAL MAGISTRATE, BHOPAL
MJC No. 91/1992
IN THE MATTER OF
Warren Anderson & Others .................... Accused
Bhopal Group for Information & Action [BGIA], Bhopal ............
APPLICATION TO ISSUE SUMMONS TO MIDLAND, MICHIGAN, USA BASED THE DOW CHEMICAL
COMPANY TO PRODUCE
PROCLAIMED ABSCONDER ACCUSED UNION CARBIDE CORPORATION BEFORE THIS HON'BLE
The above named applicant humbly submits before this Hon'ble Court as
 That above mentioned case is fixed for evidence today.
 That accused Union Carbide Corporation is already declared absconder
from justice by this Hon'ble Court.
 That in February 2001 the Union Carbide Corporation [in short UCC]
was acquired as wholly owned subsidiary of Midland, Michigan, USA based
The Dow Chemical Company [in short TDCC].
 That the merger between absconding accused UCC and TDCC was already
verified in July 2003 before this Hon'ble Court by prosecution [CBI].
 That the proclaimed absconder UCC is merged into the Dow Chemical
Company [TDCC] with all its assets and liabilities [civil as well as criminal].
 That for enforcing the appearance of Union Carbide Corporation [UCC]
before this Hon'ble Court it is necessary to serve a summon / notice /
warrant upon the Head quarters of TDCC at Midland, Michigan, USA to produce
UCC before this Hon'ble Court in the interest of justice.
 That this Hon'ble Court may issue a Letter Rogatory and request for
International Judicial Assistance from the United States Department of
Justice to serve summons / notice / warrant upon the HQ of TDCC to produce
UCC before this Hon'ble Court.
The above applicant BGIA, Bhopal hereby humbly prays to this Hon'ble Court
as follows :
That this Hon'ble Court be pleased to issue a Letter Rogatory for International
Judicial assistance from the United States Department of Justice to serve
summon / notice / warrant upon the Head Quarters of The Dow Chemical Company
[TDCC] at Midland, Michigan, USA to producer UCC
before this Hon'ble Court in the interest of justice.
And this Hon'ble Court also be pleased to issue any other appropriate
order which this Hon'ble Court thinks fit in the present circumstances
of the case in the interest of justice.
Dated : 26.02.2004 For Bhopal Group for Information & Action
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