Bhopal: Senior Supreme Court counsel Sidartha Luthra, appearing on behalf of Dow Chemicals in connection with the 1984 Bhopal gas disaster case, presented his closing arguments before the court of judicial magistrate first class (JMFC) on why a Bhopal court could not proceed against the US-based firm in any manner in the case.
Arguments on Jurisdiction
He argued there is no provision in CrPC to issue a notice or summons to a company abroad, as CrPC is only applicable in India and not beyond its geographical limits. Appearing before the court of Justice Hemlata Ahirwar on Wednesday, Luthra said since Dow Chemical is a US-based company and is not registered in India, no Indian court has the jurisdiction to proceed against it.
Besides, Dow Chemical was never a party to the Bhopal gas disaster case, he argued. Dow had picked up a majority stake in the Union Carbide Corporation (UCC) in 2001, 17 years after a deadly gas leak unfolded at the UCC plant in Bhopal, claiming upwards of 3,000 lives and leaving plenty more with life-long physical and emotional scars.
Locus Standi of NGO Challenged
Luthra argued further that Bhopal Group for Information & Action (BGIA), an NGO which moved the plea for summoning Dow Chemical in the case, had no locus standi to do so as it was only assisting the prosecuting agency, CBI, in the case. The NGO sought the summoning of Dow as it had taken over Union Carbide, a proclaimed offender in the case.
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