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CHIEF JUDICIAL MAGISTRATE, BHOPAL’S 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
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[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]
State
Through Not Present
Bhopal Group for Information and Action
Through
Kishore Joshi, Advocate Present
Bhopal Gas Peedit Mahila Udyog Sangathan
Through
Abdul Jabbar Present
Dow Chemical International Private Limited
Through
Sandeep Gutpa, Advocate Present
Bhopal Gas Peedit Sangharsh Sahyog Samiti
Through
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.

Signed
Anil Kumar Gupta
Chief Judicial Magistrate
Bhopal

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APPLICATION BY BHOPAL GROUP FOR INFORMATION AND ACTION
BEFORE THE COURT OF HON'BLE CHIEF JUDICIAL MAGISTRATE, BHOPAL
MJC No. 91/1992
IN THE MATTER OF
CBI ................................................................. Prosecution
Versus
Warren Anderson & Others .................... Accused
Bhopal Group for Information & Action [BGIA], Bhopal ............ Applicant


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 COURT.
The above named applicant humbly submits before this Hon'ble Court as under :-
[1] That above mentioned case is fixed for evidence today.
[2] That accused Union Carbide Corporation is already declared absconder from justice by this Hon'ble Court.
[3] 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].
[4] That the merger between absconding accused UCC and TDCC was already verified in July 2003 before this Hon'ble Court by prosecution [CBI].
[5] That the proclaimed absconder UCC is merged into the Dow Chemical Company [TDCC] with all its assets and liabilities [civil as well as criminal].
[6] 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.
[7] 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.

PRAYER

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.

Bhopal Applicant
Dated : 26.02.2004 For Bhopal Group for Information & Action
Through
COUNSEL

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