In yet another twist, senior counsel for Dow Chemical on Thursday challenged the district courts authority to hear the Union Carbide case, further delaying long-awaited justice for gas victims. The matter came up before JMFC Hemlata Ahirwar in Bhopal district court, where a hearing was scheduled on whether Dow Chemical USA falls under Indian jurisdiction. The case has remained pending here for a year. Before arguments began, senior advocate Ravindra Srivastava, appearing for Dow, claimed that since the case was filed by the CBI, only a designated Indore court can hear it. CBI counsel Manphool Bishnoi countered, stating that the Bhopal court has full jurisdiction and has been hearing the matter since 1992. Offences, he argued, are tried where they occur. Lawyers for the CBI and gas victims also told the court that Dows strategy is simply to delay proceedings endlessly, denying justice to those affected. It struck observers as ironic that the very company which claims Indian courts have no jurisdiction is now arguing in the same court that it lacks authority to hear the case. The case was originally transferred to JMFC Hemlata Ahirwar by the CJM of Bhopal, underlining that the court is legally empowered to proceed with the matter. Despite this, the court granted Dow another adjournment. Gas victims—many attending hearings for years—say Dow lawyers earn lakhs every appearance while the system denies them a clear verdict.

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