The Hindu : Court orders framing of charges in Bofors case

Online edition of India's National Newspaper
Friday, Nov 15, 2002

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Court orders framing of charges in Bofors case

By J. Venkatesan

NEW DELHI Nov. 14.

Rejecting their plea for being discharged from the `Rs. 64 crore Bofors payoff case', a special court here today ordered the framing of charges against the three Hinduja brothers — Srichand, Gopichand and Prakashchand — holding that there was a prima facie case to proceed with the trial.

The Special Judge, Prem Kumar, in his order, held that the three "prima facie accused persons" were liable to be charged for offences under IPC Sec. 120 B (conspiracy), 420 (cheating) and Sec. 5 (1) (d) (misconduct by public servant) and 5 (2) (providing for punishment) of the Prevention of Corruption Act, 1947 (corresponding to 13 (1) (d) read with 13 (2) in the 1988 Act).

The Judge said he would frame the charges tomorrow when he would ask the accused whether they would plead guilty or claim trial. When counsel for the Hindujas wanted the court to defer framing of charges to November 20, the Judge said that "there is a Supreme Court order for day-to-day trial of the case".

He told counsel that he would proceed with framing of charges even in the absence of the accused by recording the statements of their advocates. (By virtue of the Supreme Court order granting them bail, all the brothers had left the country to celebrate Diwali with their families).

With this order, the CBI got a shot in the arm in this 12-year-old case in which two of the key accused, the former Defence Secretary, Bhatnagar and the Dubai-based businessman, Win Chadda, died during the pendency of the proceedings. Extradition proceedings are on against another Italian-based accused, Ottavio Quattrochchi, who is now in Malaysia. The Judge held that the Hindujas had received bribe money of SEK 80,797,709.92 from AB Bofors and they intentionally aided and facilitated the commission of the bribe by receiving the said amount.

The Judge said the ``clandestine manner of payment was adopted in this defence deal by the high and mighty involved in this case, to ward off obvious dangers of ruining political and public life involved in payment through open sources on exposure besides difficulties and complications in keeping such huge money. Layers of secrecy and privacy are thus laid to achieve the desired ends. Receivers of bribe money like the Hindujas are also liable under IPC Sec. 161 (offering illegal gratification to a public servant) read with Sec. 165-A (abetment)''.

Referring to the role played by the company AB Bofors, the Judge said ``AB Bofors is the bribe giver. The voluntary giver of a bribe to gain some advantage is an abettor and hence an accomplice. This is plainly so, on the ground that he intentionally aids the commission of the offence inasmuch as he intends the bribe to be taken and that the giving of the bribe facilitates the taking thereof''. The Judge also pulled up Bofors for refusing to cooperate with a view to concealing the truth regarding recipients of kickbacks. It even gave false information regarding existence of a company by name Moineao, registered in Switzerland but there was no company by this name. Further, Bofors also created false and fabricated documents to deflect the course of the investigation. "Hence AB Bofors is also prima facie liable for offence under Sections 161 and 165-A IPC," the Judge said.

The Judge noted that the purpose of creating false documents was to give an impression that settlement with agents had been made and they had been paid settlement/winding-up charges which had been the case of Bofors before the Joint Parliamentary Committee of Parliament.

In its chargesheet filed in October 2000, the CBI had accused the Hinduja brothers of taking an illegal commission to the tune of Rs. 16 crores from Bofors for helping the company bag the Rs. 1437.72 crore contract for the supply of 400 (155mm) howitzer gun to the Indian Army in March 1986. Denying all the charges, the Hindujas prayed for discharging them from the case.

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