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Plea to go abroad: Hindujas challenge
high court order in apex court

Seeking leave to appeal against the April 27 order of Justice S K Agarwal of the Delhi High Court, the brothers said in their separate petitions that it suffered from lack of compassion and sensitiveness to their legitimate needs and compulsions. If the order was sustained, it would amount to punishment of the accused long before the trial, they said.

Claiming that no case had been made out against them in the charge-sheet filed by the Central Bureau of Investigation, London-based S P Hinduja and G P Hinduja and Geneva-based P P Hinduja, submitted that the trial of the case was bound to take a long time in view of the fact that several co-accused were yet to be produced in the court.

The denial of permission to leave India would be arbitrarily unjustified and violative of their right to life enshrined under Articles 14 and 21 of the Constitution of India, the petitioners submitted.

The brothers said they had investments of about Rs 100 billion in India as well as substantial roots and, therefore, cannot stay away from this country. The apprehension that they would not make themselves available to the court was unfounded conjecture.

The petitioners submitted that the high court had expanded the scope of the proceedings resulting in serious miscarriage of justice. The petition before the high court was limited to modification of the bail conditions imposed by the trial court and seeking permission to travel out of India during the pendency of the case, but the court had made certain findings, which were unjustified at this stage.

The high court in its judgment had said that CBI's apprehension that they might not be available for trial could not be said to be unfounded. It had directed CBI to move the trial court for splitting up the trial of Hindujas and other accused who have already appeared before it and complete recording of evidence in the case within six months.

It said if the CBI failed to do so, the Hinduja brothers could move the trial court to seek permission to go out of the country after six months.

In that eventuality, court would consider their plea, inter alia, on the condition that they deposit an amount equivalent to $11.84 million along with interest at the rate of 10% per annum from January 1, 1990 till the date of payment in any nationalised bank to be released subject to the orders of the court.

Justice Agarwal said considering the nature of the gravity of the offence and the conduct of the petitioners, who are foreign nationals, imposition of the condition by the trial court, directing them not to leave the country without its permission were fully justified and in accordance with the law.

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