The Hindu : National : "Originals not produced"

Online edition of India's National Newspaper
Wednesday, Jun 01, 2005

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National

"Originals not produced"

Staff Reporter

Justice Sodhi points to CBI's failure

NEW DELHI: The Hindujas did not figure in the Bofors case initially registered by the Central Bureau of Investigation in 1990. Their names figured as accused only in the supplementary charge sheet.

In February 2004, Justice J.D. Kapoor (Delhi High Court judge since retired) quashed the corruption charges against the Hindujas but asked the trial court to frame charges of cheating against them and of forgery against the Bofors company. On applications from the Hindujas seeking recall of the February 2004 order, the High Court earlier stayed all further proceedings. Their main contention was that in the absence of original documents, the court could not frame charges.

The Bofors company (since renamed Kartogen Kemi Och Forvaltning, AB) also sought dropping of the forgery charge against it on the same ground.

In Tuesday's judgment quashing all charges against the Hinduja brothers, Justice R.S. Sodhi found fault with the CBI for its failure to submit originals or authenticated copies of the two relevant documents on the basis of which the investigating agency wanted to prosecute the brothers.

Supplied by Editor

The Judge said the documents were photocopies of some originals, which no one had seen and were supplied to the CBI by "the Editor of The Hindu." The Judge pointed out that in his statement under Section 161 of the Criminal Procedure Code, the newspaper Editor had said that he got them from some source, which he was not willing to disclose. "The Editor of The Hindu is not a person who can testify that the documents given by him are true copies of some original documents,'' the Judge said.

"This is a totally new piece of evidence showing not only that original documents cannot be procured but also that the present photocopies do not constitute certified copies or any kind of legitimate secondary evidence."

With the discharge of the Hinduja brothers and the Bofors company, the case has almost come to an end except that a separate proceeding is pending against Ottavio Quattrocchi, the alleged broker in the deal, who has been abroad for more than a decade.

The CBI could not get him extradited to face the trial.

As regards the public servants, Justice J.D. Kapoor discharged them in February 2004 holding that as per the prosecution there was no evidence against them.

Hindujas hail verdict

The Hinduja brothers have hailed the verdict saying, "the judgment vindicates us and provides the judicial endorsement of what we have been saying all along: that we were not involved in any wrongdoing and there was never any evidence that we were. We have also maintained that we were being falsely implicated for no fault of ours and for political and other extraneous reasons. We are delighted that truth has prevailed and our faith in the Indian judicial system has been vindicated."

The CBI spokesperson said the agency was examining the judgment and would decide on the future course of action on filing an appeal in the Supreme Court.

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