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January 30, 2001

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Bharihoke to Decide Hindujas' Fate on Feb 1

Onkar Singh in New Delhi

Special CBI Judge Ajit Bharihoke will give his ruling on February 1 on an application moved by the Hinduja brothers seeking permission to leave India.

The Hinduja brothers are facing charges in the $640-million Bofors pay-offs case.

The three brothers -- S P Hinduja, G P Hinduja and P P Hinduja -- on Tuesday appeared before the special judge after 10 days of intense interrogation by the CBI.

The CBI counsel N Natarajan, when asked by the judge whether the investigating agency opposed the Hinduja brothers' application to go abroad, said: "We oppose the application on two grounds. First, the Hinduja brothers are foreign nationals and if they find that the proceedings in the courts are not going in their favour, they may not return to India to stand trial. Second, one of the Hinduja brothers (P P Hinduja) is a Swiss national. According to Swiss regulations he cannot be extradited to India against his wishes."

Natarajan said the CBI is in the process of procuring some documents in the case and would need to confront the Hinduja brothers with them. He also told the court that the Hinduja brothers were evasive in their responses to questions put to them by the investigating officers during their interrogation.

Counsel for the petitioners, Rajinder Singh and Amit Desai, argued that their clients had come to India on their own after they learnt that the CBI had filed a charge-sheet against them.

"The sole purpose of their coming to India was to clear their names. They would come back and join the trial because they have their roots in India. They have also availed the government of India's scheme under PIO for the non-resident Indians. If the court feels that another surety of higher amount is required to ensure their presence in India, we would do the same," the advocates said.

G P Hinduja and S P Hinduja also addressed the court directly.

While G P Hinduja said that their business has been suffering because of their continued presence in India, S P Hinduja said that the CBI had no evidence against them.

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