The Hindu : Our stand vindicated in Bofors case: CBI

Online edition of India's National Newspaper
Tuesday, Jul 08, 2003

National

National

Our stand vindicated in Bofors case: CBI

By Our Special Correspondent

NEW DELHI JULY 7. With the Supreme Court setting aside the Delhi High Court order quashing the Bofors payoff case charge sheet of the Central Bureau of Investigation (CBI), there is a glimmer of hope again for the day-to-day trial to begin in the 13-year-old case.

"We will fully cooperate with the trial court. Our stand in filing the charge sheet and the court's framing of charges after due consideration have been vindicated,'' the CBI Additional Director, Mr. Vijay Shankar, said.

"The Delhi High Court overlooked the basic scheme of the law in force where once an investigation has begun, it is incumbent upon the investigating agency to file a report in the court and in filing of the report, no person or authority has the right to interfere in the working of the agency,'' he said.

Also, the fact that the power of superintendence or review of the working of the police force could not include the power to convert a final report finding the commission of a crime into a closure report was not taken into account.

Even after today's Supreme Court order, the CBI, however, can draw little comfort as yet another challenge against the framing of charges is slated to come up before the Delhi High Court on July 18. The trial is scheduled to begin on July 15 in the Bofors case that has passed through several ups and downs and seen protracted legal battles at home and abroad.

The three Hinduja brothers — G.P. Hinduja, S.P. Hinduja and P.P. Hinduja — were charge sheeted by the CBI in its supplementary charge sheet filed in the Bofors case on October 9, 2000 on receipt of further documents from Swiss authorities. The two charge sheets were clubbed together.

The first charge sheet of October 22, 1999, filed nine years after registration of the First Information Report (FIR), had named S.K. Bhatnagar, the former Defence Secretary, Win Chadha, the former Bofors agency, Ottavio Quattrocchi, Italian businessman, Martin Ardbo, the then Bofors chief, and A.B. Bofors. While S.K. Bhatnagar and Win Chadha have died, the CBI has failed in securing the extradition of Martin Ardbo from Stockholm. Mr. Quattrocchi is reported to be in Italy after efforts to extradite him from Malaysia did not succeed.

Printer friendly page
Send this article to Friends by E-Mail

National