Press Statement, Bhopal, November 25.
In the court of Judicial Magistrate First Class (JMFC), Vidhan Maheshwari, a group of 10 lawyers appeared today on behalf of Dow Chemical to deny that, by this appearance, Dow was accepting the jurisdiction of the court.
The criminal proceedings, from which Carbide has been a proclaimed absconder for 31 years, concern the culpable homicide of thousands arising from Dow subsidiary Union Carbide’s 1984 gas disaster in Bhopal.
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Press Statement
3 October 2023
Today, the authorised representative of Dow Chemical USA, Ms. Amy Wilson has filed a so-called partial appearance before the court of Hon. VII CIVIL JUDGE-I Vidhan Maheshwari through its lawyers. Dow filed a one page memo stating that Bhopal Court does not have jurisdiction over the corporation as it is an American corporation and it sought more time from the court.
The Hon’ble Judge also listened to the argument of the lawyer of Bhopal Group for Information & Action, Mr. Avi Singh who stated that under criminal jurisprudence there is no such thing as ‘partial appearance’. He further added that if Dow is not challenging the summons of the Bhopal District court then it cannot enter into partial appearance and if the Authorised Representative does not appear in person then the court has the power to issue a bailable warrant and/or proceed to hear the application in absentia of Dow Chemical.
Continue reading Dow ‘appears’ in Bhopal criminal court after two decade delay
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Press Release
26 March 2022
The organisations working with the survivors of the December 84 Union Carbide disaster are hopeful that there will be an end to the long drawn out criminal appeal proceedings pending against Union Carbide India Limited, & 7 of its Indian officials since 2010. In a hearing held on 25 March 2022, the District Judge of Bhopal has granted another date for hearing to Union Carbide and its convicted officials to present their final arguments from April 25-29, 2022 from 11am-12:30pm, and has also ordered to list the matter for final judgement on 24 May 2022.
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Press Statement
13 July 2016
Leaders of all the organisations of survivors of the Union Carbide Disaster in Bhopal today condemned the governments of both India and USA for the non appearance of any representative of Dow Chemical Company in the ongoing criminal case on the disaster. At the hearing in the District Court, counsel for Bhopal Group for Information & Action (BGIA), a local NGO assisting the Prosecution sought ex – parte trial proceedings against the American company before the judicial magistrate hearing the matter.
“The Indian Criminal Procedure Code expressly provides for ex-parte proceedings against a defendant in a criminal trial that ignores notices of the court.” said Avi Singh a lawyer in Delhi High Court volunteering his services for the Bhopal justice campaign. In court Mr. Singh pointed out that Dow Chemical has publicly admitted their knowledge of the four consecutive notices issued by the Bhopal Court and it is evident on the corporate website. He expressed hope that the Judicial Magistrate who heard the NGO’s application would direct harsher measures against Dow Chemical at the next hearing scheduled for August 6, 2016.
“In the last two years Dow Chemical has thrice ignored the court’s notice and all that the Indian government has done is send one meek request after another and not utter a word on the violation of the Mutual Legal Assistance Treaty by the US Department of Justice (DoJ) in not serving the notice on Dow Chemical” said Rachna Dhingra of BGIA. It was submitted that the CBI is deliberately shielding the Accused.
Bhopal survivors’ organisations had collected over one hundred thousand signatures on a petition demanding that the US DoJ serve Bhopal Court’s notice on Dow Chemical as per the terms of the Mutual Legal Assistance Treaty signed between India and USA in 1991. As per the terms of the petition on Whitehouse.gov website the US government is obligated to respond to charges of violation of MLAT by the US DoJ.
Satinath Sarangi of BGIA charged the Central Bureau of Investigation (CBI) with deliberate foot dragging, an allegation noted by the Magistrate in his order sheet. ” CBI’s dilatory moves are apparent in what they have presented in court today, he said, as per CBI’s own submission in court, the notice to Dow Chemical was sent in February this year and the reminder was sent in June only after the letter of five Bhopal survivors’ organisations to the Prime Minister on this matter on June 14.”
The five survivors organisations: Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Bhopal Gas Peedit Mahila Purush Sangharsh Morcha, Bhopal Gas Peedit Nirashrit Pensionbhogi Sangharsh Morcha, Bhopal Group for Information and Action and Children Against Dow Carbide had sought the Prime Minister’s directions to the CBI, an agency directly under him, to seek harsher measures against Dow Chemical for its utter contempt of the law of India where it carries out business through at least five subsidiaries and joint ventures.
Further, BGIA sought start of trial proceeding in the underlying criminal cases, in suspended animation for a quarter of a century, asserting that if UCC/Dow chose not to participate, the Court may proceed ex parte on the basis of the evidence already adduced in the case against the Indian accused.
Satinath Sarangi & Rachna Dhingra
Bhopal Group for Information & Action
9826167369
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