Delhi court stays trial in Bofors case

The trial in the 15-year-old Bofors case was stayed by the Delhi High Court today as time was sought to ascertain the evidentiary value of certain Swiss documents in the absence of their originals.

Justice RS Sodhi stayed the trial proceedings against the Hinduja brothers""Srichand, Gopichand and Prakashchand ""and Swedish arms manufacturer AB Bofors after the Additional Solicitor-General B Dutta said he needed time to ascertain if the documents placed on record were capable of being considered for framing of charges.

"This is necessary to inform this court whether the documents placed on record are material, which can be considered for the purpose of framing of charge as they will be capable of being converted into evidence in accordance with provisions of the Indian Evidence Act," he submitted.

Surprisingly, Dutta's submission is contrary to the CBI's affidavit filed in the court, which said: "The said documents are admissible in evidence as per Section 166-a of the Code of Criminal Procedure (CrPC)".

Urging the court to dismiss Hindujas' plea, the CBI cited its contention in its affidavit that "authenticated copies of the aforesaid documents duly forwarded through embassy of India, Berne, in execution of the letters rogatory by the Swiss authorities are already available on record of the case and are admissible in evidence under Section 166-a of CrPC."

Hindujas' counsel Ram Jethmalani sought dropping of cheating charges against them on the ground that the CBI did not have original documents to prove the case during trial.

Meanwhile, the court issued notice to the CBI on Bofors' plea for discharge and fixed March 4 for hearing.