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HC reserves order on Hindujas' petitions

Senior Advocate Kapil Sibal, appearing for London-based S P Hinduja and G P Hinduja and Geneva-based P P Hinduja, told Justice S K Aggarwal they were ready to furnish affidavits in the trial court that they would 'waive off' their right to challenge any extradition proceedings against them in those countries to ensure their presence in the trial court in Delhi.

Justice Aggarwal reserved the judgement after hearing the counsel for Hindujas and the CBI for over an hour on the petitions of the accused challenging the Special Judge's order denying them permission to leave the country.

CBI, which opposed the Hindujas' plea seeking permission to leave the country, told the court that it was the discretion of the trial court as to how it should ensure the presence of the accused during the trial.

Sibal contended that there was no ground for the Special Judge's apprehension that the accused would not come back to face trial as they had appeared on their own before the trial court without even receiving the summons.

However, CBI counsel N Natarajan reminded the court that Win Chadha, another accused in the case, had not been allowed by the Supreme Court to go abroad for medical treatment.

Special Judge Ajit Bharihoke on February one had rejected Hindujas' applications, seeking permission to go out of the country on the ground that they might not come to face trial.

Also challenging the trial court's observation that under Swiss law no citizen could be extradited without his written consent, Sibal said the Hinduja brothers were ready to furnish affidavits that they would join the trial and 'waive off' their right to challenge extradition proceedings.

Sibal even placed before the court copies of affidavits, the Hindujas wished to submit before the trial court in this regard.

Denying them permission to return to the countries they are living in to meet their families and attend to their business would amount to an 'absolute bar which is not at all reasonable', Sibal contended.

Stating that Hinduja group had big stake in India as it had invested about Rs 100 billion in various projects, Sibal said they were ready to give any undertaking to the court to appear before it.

Describing the CBI allegations against the brothers as without any basis, he said the agency after receiving the first set of Swiss documents, had sent a fresh letters rogatory to authorities in that country for more details as it was not clear whether any amount was released to three bank accounts - Mont Blank, Tulip, Sevenska.

Without waiting for the clarifications from Switzerland, CBI went ahead with filing of the chargesheet, Sibal said adding there was no reason for the agency to oppose Hindujas' petitions as they had been fully co-operating with the CBI, which had questioned them twice in London.

CBI counsel said this was not the stage for examining the evidence as the trial court was yet to frame charges.

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