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Wednesday, May 05, 2004

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Delhi High Court notice on Hindujas' plea

By Our Staff Reporter

NEW DELHI, MAY 4. The Hinduja brothers — S.P. Hinduja, G.P. Hinduja and P.P. Hinduja — facing trial in the Rs. 64-crore Bofors gun deal case for criminal conspiracy and cheating today urged the Delhi High Court to make it clear whether they had to face trial only for the charge of criminal conspiracy coupled with cheating or for the offence of cheating separately as well.

Justice (retd.) J.D. Kapoor of the Delhi High Court in his February 4 judgment in the case had directed the Chief Metropolitan Magistrate (CMM) of Delhi to frame the charges against the three brothers.

The three brothers, in separate petitions, submitted that they had an apprehension that the CMM, Reena Singh Nag, had misread and exceeded the High Court's direction by framing separately the charge of cheating as well as the charge of criminal conspiracy read with cheating against them.

Agreeing to the petitioners' contention that there was some confusion in the High Court's direction either due to typographical slips or an error in the thought process, Mr. Justice R.S. Sodhi asked counsel for the Central Bureau of Investigation, H.J.S Ahluwalia, to take instructions from the prosecuting agency and posted the matter for May 6 for further hearing.

But Mr. Justice Sodhi refused to either review the High Court's judgment or stay the trial proceedings scheduled to begin on May 12.

Rather, he suggested that the petitioners move the Supreme Court if they felt they were aggrieved by the judgment.

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