Tuesday, Jul 08, 2003
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By J. Venkatesan
A file photo of the Hinduja brothers.
A Bench comprising Justice S. Rajendra Babu and Justice G.P. Mathur while allowing the appeals filed by the CBI and the Central Vigilance Commission challenging the High Court judgment, directed the CBI special court here to proceed with the trial, which was stayed by the apex court in December last. (At present, the three Hinduja brothers, who are on bail, are staying abroad on the orders of the apex court. With the court directing commencement of trial, they have to return to India to face trial). Mr. Justice Mathur writing the judgment for the Bench observed that the view taken by the High Court that the chargesheet filed by the CBI without taking approval or consent of the CVC was illegal and wholly erroneous. The Bench did not accept the contention of senior counsel Ram Jethmalani, appearing for the Hindujas, that the CVC had been entrusted with the responsibility of superintendence over the CBI's functioning and that the CVC could direct the CBI not to file the chargesheet. In July last, a three-judge Bench headed by the then Chief Justice B.N. Kirpal, while staying the Delhi High Court judgment of June 10, 2002, quashing the chargesheet against them ordered continuance of the proceedings and accordingly the special court framed charges in November and posted the case for trial on December 4. However, on December 2 last, a three-judge Bench headed by the subsequent Chief Justice G.B. Pattanaik, stayed the commencement of trial and granted a major relief to the three brothers. The Bench noted that the direction given by the apex court in the `Vineet Narain case' was never meant to create or confer some kind of additional rights in favour of the accused as held by the High Court. The Bench felt that the emphasis in the `Vineet Narain case' was that persons holding high office should not escape on account of inaction of the CBI to investigate the commission of an offence. "The judgment nowhere says that the CBI will have to take concurrence or sanction from the CVC before filing chargesheet in court." The Bench also pointed out that in this case, well before the filing of the first chargesheet, the CBI sent an investigation report to the CVC, which was apprised of the developments. Though this aspect was brought to the notice of the High Court, it had not given due consideration to the affidavits filed by the CBI and the CVC. The Bench said that counsel had alleged that the chargesheet was filed on account of political vendetta and to malign the name of the Prime Minister in office when the contract was signed (late Rajiv Gandhi). Reliance was also placed on some correspondence between the Indian Embassy and the authorities in Switzerland to contend that the documents transmitted were too limited to sustain a chargesheet against the Hinduja brothers. The Bench pointed out that this letter had not been written either by the CBI or by any authority in India and therefore it could not form the basis for assailing any action of the CBI. That apart, the Bench said "we are not concerned here with the merits of the allegations and the nature of the evidence which prosecution would produce in the court to establish the charge". The Bench quashed the High Court judgment, holding that it was quite confusing and contradictory and directed the special judge to proceed with the trial. When the High Court quashed the chargesheet against the Hindujas it was considered a major setback to the CBI pursuing the case for over a decade. However, today's order has given the investigating agency a shot in the arm. SC sets aside acquittal of Hindujas
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