Tuesday, Jun 11, 2002
Tuesday, Jun 11, 2002 |
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By J. Venkatesan
Allowing a petition from the Hindujas, Justice R.S. Sodhi said "I quash the cognizance taken by the special (trial) Judge and all consequential proceedings''. But the Judge made it clear that the bail granted to the Hinduja brothers — Srichand, Gopichand and Prakashchand — and the condition imposed by the Supreme Court that at least one of them should remain in India at any point of time would remain intact. With the quashing of the proceedings against the Hindujas, practically nothing survived in the 12-year-old case as two of the main accused, the Dubai-based former Bofors agent, Win Chadha and the former Defence Secretary, S.K. Bhatnagar, are dead and extradition proceedings against the Italian-based businessman, Ottavio Quattrocchi and Martin Ardbo, are still pending. (The late Prime Minister, Rajiv Gandhi was shown in the column as one who was not sent for trial). The Judge said "the CBI must not drag its feet or file half-baked chargesheets when high and mighty are involved, especially when in power, also it should not file frivolous cases against the innocent at the behest of those in power. I cannot be unmindful of the fact that the CBI has been under a cloud. It has been accused of being a political shield or a whip of the government of the day''. Equally, the Judge said the CVC had abdicated its functions which it was obliged to perform under the directives of the Supreme Court even if the resolution (passed by the Government) restricted its powers. The Judge said "it was for the CVC to ensure that a half-baked incomplete chargesheet was not filed, shielding the high and the mighty nor was a frivolous chargesheet filed to achieve any oblique motive of the high and the mighty''. Mr. Justice Sodhi was of the view that the trial Judge ought not to have entertained the chargesheet filed in violation of the directives of the Supreme Court. The CBI had filed a supplementary chargesheet against the Hindujas of receiving huge kickbacks from the Swiss Company, AB Bofors, in its deal with India in the supply of 155 mm Howitzer guns in 1986 for Rs. 1,437 crores. But it was the contention of the Hindujas that the money received by them from the Bofors company was not related to the gun deal. Also it was submitted by them that the CBI had not followed the guidelines in the `Vineet Narain case', which had vitiated the proceedings. The Judge rejected the contention of Solicitor General, Harish Salve, who appeared for the CBI, that the Supreme Court judgment did not intent to provide additional safeguards in favour of individual accused. Mr. Salve had submitted that in the investigation of offences, the functions of CBI were independent and could not be interfered with. The Judge, who accepted the submission of senior counsel for the petitioners, Mr. Ram Jethmalani in this regard and quashed the proceedings, however, said that the prosecution would be free to file a fresh chargesheet, if so advised, after following the procedure laid down by the Supreme Court in the `Vineet Narain case', in which the CVC was entrusted with the task of reviewing the cases filed by the CBI. The Judge said that in this case, the CBI on its own showing had not placed before the CVC the results of its investigation and had bypassed it by filing a chargesheet before the trial court.
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