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SC confirms stay on Delhi HC order
quashing Bofors chargesheet

The Supreme Court on Monday confirmed its order staying the Delhi high court verdict quashing the chargesheet against the Hinduja brothers in the Bofors payoff case and admitted a petition filed by the Central Vigilance Commission challenging the HC order.

A three-judge bench comprising Chief Justice B N Kirpal, Justice K G Balakrishnan and Justice Arijit Pasayat also refused to alter the bail conditions imposed on the brothers on the ground that these were imposed by another bench.

A month after the Delhi high court quashed the CBI chargesheet against the three brothers -- Shrichand, Gopichand and Prakashchand Hinduja -- in the Rs 640 million payoff case, the Supreme Court on July 12 stayed the order and directed continuance of the proceedings before the trial court.

The Delhi high court had on June 10 quashed the chargesheet filed against the Europe-based Hinduja brothers saying the CBI had not taken the mandatory clearance from the Central Vigilance Commissioner before filing the chargesheet as mandated by the Supreme Court in Vineet Narain judgement.

The CVC, seeking setting aside of the high court order, said in its appeal that the high court failed to note that the apex court's directions in the Vineet Narain case were merely that the CBI would report to the CVC. No power was conferred upon the CVC in derogation of the duty cast upon the investigating agency under the Criminal Procedure Code to file a report.

PTI

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