Arun Jaitley may not have provided legal advise to Dow Jones but he certainly has provided legal advise to the Dow Chemical Company (TDCC) by supporting Dow’s claim that it has no legal obligation to take on the liability of Union Carbide Corporation (UCC), the absconding accused in the Bhopal disaster criminal case and which is wholly owned by Dow since 2001.
Jaitley had even argued said that since it was a different company, Dow Chemicals did not have to inherit the liabilities of Union Carbide after acquiring it.
In his 15-page advice, Jaitely wrote, “It can be concluded in the light of above factual matrix, the Querist (Dow) cannot be treated as responsible or liable directly or indirectly or under civil or criminal proceedings for the Bhopal gas tragedy.”
He noted that the “SC Monitoring Committee (on hazardous waste) and apex court are fully seized of the mater of the plan site remediation in respect of Bhopal. Hence the querist is entitled to content that unless the SC gives a categorical direction on the plant site remediation at Bhopal in respect to the queriest (Dow), the querist cannot be made liable in any manner”.
Mr.Jaitley’s opinion in this regard in the attached file.