leaders of the five organisations of the survivors of the Union Carbide disaster in Bhopal on Saturday condemned the United States Government for its attempt to protect Dow Chemical from ongoing criminal proceedings in the Bhopal District court. They said that this was the third time that Dow Chemical has ignored the notice to appear in the Bhopal district court.
They said that the US Department of Justice has informed the CBI that it has decided not to serve the notices against Dow Chemical as it considers that Dow Chemical could not be held liable for the Union Carbide disaster.
Counsel for one of the organisations, Bhopal Group for Information and Action, Avi Singh said the US Department of Justice’s refusal to serve notice on Dow was against the principle of international cooperation against crime as enshrined in the Mutual legal Assistance Treaty.
Singh pointed out that Dow Chemical refers to the Bhopal court’s notice upon its own website and has thus publicly acknowledged the summons. Accordingly there was no need for further notice to be served on Dow.
On behalf of the Bhopal Group for Information and Action, Singh moved an application in the court to commence ex parte proceedings against Dow Chemical as well as refer them for contempt of court, and filing of a FIR under sections 174 (obstruction of a public official) and 212 (harbouring a fugitive) of the IPC.
The application by the Bhopal Group for Information and Act also sought commencement of the criminal trial against UCC.