Prakash Hinduja allowed to leave India

By Our Legal Correspondent

NEW DELHI, AUG. 8. The Supreme Court today permitted Mr. Prakash Hinduja, a Swiss national and accused in the Rs. 64-crore Bofors payoff case along with his two brothers, to leave India.

A Bench comprising Mr. Justice M.B. Shah and Mr. Justice R.P. Sethi granted the permission after Mr. P.P. Hinduja filed an undertaking that he would forego his right of protection under the Swiss laws in the event of any extradition proceeding being instituted against him for his failure to return to India.

The apex court - which had on May 12 permitted Mr. S.P. Hinduja and Mr. G.P. Hinduja, who are British nationals to leave India and remain outside till August 20 - extended the operation of that order till October 1.

The Bench, however, declined to permit the three brothers to remain outside India at the same time, stating that at least one of them should stay in India as surety to ensure the presence of the other two to face the trial.

It asked Mr. S.P. Hinduja or Mr. G.P. Hinduja to make an application before trial court as to who would be staying in India.

The court directed Mr. P.P. Hinduja to execute a personal bond for Rs. 15 crores and asked him to be present before the trial court as and when required.

It also made it clear that the counsel for Mr. P.P. Hinduja shall not take any adjournment of the trial on the ground of his absence.

When Mr. Kapil Sibal, senior counsel for the Hindujas expressed apprehension that the trial might not be completed within six months as directed by the Delhi High Court, the Bench asked the trial court to submit a report by August 30 detailing among other things the time needed for the conclusion of trial.

The Bench noted that right from the beginning of the hearing, the court had given enough concessions by granting them

bail and asked the counsel where was the necessity for thembeing allowed to go abroad. Mr. Sibal submitted that the Hindujas had global business and were required to attend important meetings and even before charges were framed it had been presumed by people in this country that they had been convicted in the case.

``This is causing a lot of damage to their reputation,'' he said, adding that there was no apprehension of their absconding from India.

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