Hindujas' plea to leave rejected

By J. Venkatesan

NEW DELHI, FEB. 1. Accepting the CBI's objections that they might not return to India to face trial, the special court for CBI cases today rejected the plea of the three Hinduja brothers accused in the `Rs. 64 crore Bofors payoffs case', to leave the country. Dismissing the applications of Messrs S.P. Hinduja, G.P. Hinduja and P.P. Hinduja, the judge, Mr. Ajit Bharihoke, pointed out that Mr. S.P. Hinduja and Mr. G.P. Hinduja obtained British citizenship after the FIR was filed in the Bofors case in 1990. Similarly, the judge said Mr. P.P. Hinduja had obtained Swiss citizenship.

The judge was of the view that there was force in the CBI's apprehensions that they would not come back to India if the trial commenced and went against them.

He agreed with the submission of the CBI that in the case of Mr. P.P. Hinduja under Article 7 of the Federal Act on International Mutual Assistance in Criminal Matters ``no Swiss national may, without his written consent, be extradited or surrendered to a foreign State for prosecution or execution of sentence. The consent may be withdrawn until the time the surrender is ordered.''

Notwithstanding the assertion by the Hinduja brothers that they had fully cooperated with the CBI in the investigation, and that their absence from their business headquarters had caused a loss of billions of dollars, the judge turned down their plea.

It was the CBI's contention that during the interrogation they were very ``evasive'' and did not answer to the main issue at all and that it had to confront them if new documents became available.

After the dismissal of the applications, counsel for the Hindujas indicated that they would file an appeal in the Delhi High Court tomorrow against the special court's order. Describing the order as ``unexpected'', counsel said the Hindujas had fully cooperated with CBI and the dismissal of the applications was unfortunate.

The Hinduja brothers were granted bail on January 19 soon after they appeared before the court but were directed not to leave the country without prior permission. Hence their applications.

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