Charges against Bofors, Hindujas quashed

The Delhi High Court today quashed all charges against the three Europe-based Hinduja brothers and Swedish arms manufacturer AB Bofors in the Rs 64-crore Bofors case citing absence of original documents.

With today's acquittal, the curtain drops on an era of politics that made names like Pitco-Moresco, Lotus, Mont Blanc- and Tulip surface for the first time.

These were the supposed to be the bank accounts from where money for illegal payoffs was transferred. This money was allegedly accessed by three sets of recipients: the Hinduja brothers, agent Win Chadha and Italian businessman Ottavio Quatrocchi.

While the Hindujas have now been discharged and Chadha is dead, Quatrochhi still has an Interpol red corner notice against him.

"No case can be proceeded against the Hindujas or the Bofors company in the absence of original documents. I quash the framing of charges by the chief metropolitan magistrate against the Hinduja brothers and the AB Bofors company," Justice RS Sodhi said in his order.

On April 22, 1987, Swedish daily newspaper Dagens Nyheter, quoting company sources, had identified the Hindujas as recipients of the "commission" paid by Bofors for the Bofors-India Howitzer contract of March 24, 1986.

Newspapers in India studied the report and found the trail pointing directly to then Prime Minister Rajiv Gandhi. His finance minister VP Singh parted ways with him and was later joined by Rajiv's cousin Arun Nehru.

However, the link between the Hindujas and Rajiv could never be established. On February 5, 2004, long after his death, the Delhi High Court exonerated Rajiv of any involvement in the scam.

The Central Bureau of Investigation had subsequently filed charges of criminal conspiracy, bribery, criminal misconduct by public servants, cheating, criminal breach of trust, forgery for the purpose of cheating and using as genuine a forged document, against the Hinduja brothers.

However, four days ago, Additional Solicitor-General B Datta conceded that the CBI had been unable to get authenticated copies nor the original Swiss documents on the basis of which the agency had initially proceeded against the accused.

The Hinduja brothers""Srichand, Gopi Chand and Prakash Chand""had approached the court seeking recall of its earlier order which had upheld cheating charges against them while dropping those of corruption.

The Bofors company, too, made a similar plea. The Hindujas had pleaded that in the absence of original documents, the case could not proceeded.

Allowing their petition, the court said the documents on which the CBI relied were "useless and dubious material since the veracity of the said documents could not be ascertained".

The proceeding was "sheer persecution, waste of public money and useless prosecution", Justice Sodhi said in the order.

In a statement, the Hindujas said the judgment had vindicated them.

"We were being falsely implicated for no fault of ours and for political and other extraneous reasons. It has been a long period of harassment in the personal sense and also business-wise, and nothing can compensate for that. However, we are delighted that the truth has prevailed and our faith in the Indian judicial system has been vindicated," they said.