More than 200 retired judges and lawyers have signed a memorandum that says that the attempts made by the Government to grant “immunity” to Dow Chemical from its Bhopal liabilities are “unconstitutional and illegal”. The memorandum alleges that the Central Government is colluding with Dow Chemical to let it off its legal liability in an exchange for a promise to invest $ 1 billion in India.

The group has managed to procure documents under the RTI Act that show that Congress spokesperson Abhishek Manu Singhvi, counsel for Dow Chemicals in the Madhya Pradesh High Court, and Ratan Tata, co-chairman of the US-India CEO Forum, believe that company has no legal liabilities. “Seen in the light of the case in Madhya Pradesh High Court, this collusion constitutes a Contempt of Court by the Government,” states the memorandum.

In 2005, the Department of Chemicals and Petrochemicals had asked the Madhya Pradesh HC to direct Dow Chemical to deposit Rs 100 crore as advance towards clean-up of contamination in Bhopal. A note prepared by former Cabinet Secretary B K Chaturvedi refers to letters from Ratan Tata and from Dow Chemical to the Indian Ambassador in USA, highlighting Dow’s difficulty in investing in India unless the application filed by the Chemicals Department is withdrawn.

The Cabinet Secretary says, “Given the scope of future investments in the sector, it stands to reason that instead of continuing to agitate against these issues in court, due consideration be given to the prospect of settling them appropriately. An important aim is to remove uncertainties and pave the way for promoting investments in the sector.”

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