Search the Internet          Tips

Bofors case: Charges to be
framed against Hindujas

Special Judge Prem Kumar ordered framing of charges against the three Europe-based brothers - Srichand, Gopichand and Prakashchand - and the Swedish company under Section 120B (criminal conspiracy), 420 (cheating) and Section 5(1)(d) of the Prevention of Corruption Act.

The court fixed 1100 hours on Friday for framing of charges when it would ask the accused whether they plead guilty or demand a trial.

The Hinduja brothers intend to contest the order.

The court rejected the Hindujas' plea to defer the framing of charges to November 20 and made it clear that proceedings would continue even in the absence of the accused saying 'there is a Supreme Court order for day-to-day trial of the case'.

In addition to the above mentioned charges, the court directed framing of additional charges against the Hinduja brothers under Section 161 read with Section 165(A) and Section 34 (common intention) of the Indian Penal Code.

However, in view of the provisions under the Prevention of Corruption Act, these additional charges may lose their meaning during the trial.

The Bofors company has additionally being charged under Section 464 (presenting false document) and Section 465 of the IPC.

The Central Bureau of Investigation claimed before the court that there was sufficient evidence to frame charges against all the accused and proceed with the trial, which the Hindujas contested.

"We will certainly be challenging this order in the superior court (high court). We will try to convince the superior judiciary that there is no material to frame charges. Our client maintains that the charge sheet has been wrongly filed," Hindujas' counsel Amit Desai said.

Counsel for Bofors also sought discharge of the Swedish company on the ground that a corporate body could not be prosecuted for conspiracy as it did not have a mind of its own.

In its charge sheet filed in October 2000, the CBI accused the Hinduja brothers of taking an illegal commission to the tune of Rs 160 million (Rs 16 crore) from Bofors for helping the company bag the Rs 14.37 billion (Rs 1437.72 crore) contract for the supply of four hundred 155mm Howitzer guns to the Indian Army in March 1986.

Tell us what you think of this report