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Citing inordinate delay, SC dismisses CBI plea against discharge of Hinduja Bros in Bofors case

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Bofors scandal

A CBI plea challenging 2005 Delhi High Court order discharging Hinduja brothers in Rs 64 crore Bofors kickbacks case was dismissed by the Supreme Court today (Friday, November 2).

The CBI in its petition had blamed the UPA government for its silence all these 13 years. Interestingly, it chose to take it up when the Narendra Modi government faces elections in a few months and is under attack over Rafale deal.

The SC bench headed by Chief Justice Ranjan Gogoi said the special leave petition (SLP) by the CBI had been “filed after an inordinate delay” and that it was not convinced with the grounds given by the CBI filing the appeal against the Delhi High Court verdict after so many years.

“We are not convinced… we do not like to entertain,” Chief Justice Gogoi told Attorney General KK Venugopal, representing the CBI.

However, the court said that the CBI, which is a party in an identical appeal filed by a private person, advocate and BJP worker Ajay Agarwal, against the High Court order discharging the billionaire Hinduja brothers – Srichand, Gopichand and Prakash. That appeal is still pending in the Supreme Court and the court suggested that CBI court argue its grounds in that appeal.

The Bofors arms deal, worth Rs 1,437-crore, was made between India and Swedish arms manufacturer AB Bofors for the supply of 400 units of 155-mm Howitzer guns for the Indian Army on March 24, 1986, when the late Rajiv Gandhi was Prime Minister of India.

Revelations by the Swedish Radio, on April 16, 1987, that AB Bofors had allegedly paid bribes to top Indian politicians and defence personnel to secure the deal, had kicked up a political storm against the Rajiv Gandhi government in India and the ensuing tirade by Opposition leaders of the time, and Rajiv’s estranged ministerial colleague, VP Singh, is still believed to be the biggest trigger for the Congress’ defeat in the 1989 Lok Sabha polls.

The CBI had registered an FIR in 1990 against Martin Ardbo, the then chief of AB Bofors for alleged offences of criminal conspiracy, cheating and forgery under the Indian Penal Code and other sections of the Prevention of Corruption Act. FIR was registered against alleged middleman Win Chadda and the Hinduja brothers also. The first charge sheet in the matter was filed on October 22, 1999 against Chadda, Ottavio Quattrocchi, the then defence secretary SK Bhatnagar, Ardbo and the Bofors company. A supplementary charge sheet in the case was filed against the Hinduja brothers on October 9, 2000.

A special CBI court, on March 4, 2011, discharged Quattrocchi from the case, saying the country could not afford to spend hard-earned money on his extradition which had already cost Rs 250 crore. Later, on May 31, 2005, the Delhi High Court had also discharged the Hinduja brothers from the case.

Challenging the order, the CBI accused the UPA-I government for the delay in filing this appeal against a scam which “jeopardised national and public interest”, said a report in The Hindu.

In a separate application seeking to explain the delay of a dozen years, the CBI said it wanted to challenge the “legally unsustainable” order of the High Court, but the UPA-I government of the time denied it permission to come to the Supreme Court.

“While the petitioner-CBI was of the view that the impugned order is legally unsustainable and should be challenged before this Hon’ble Court, ultimately a decision was taken not to challenge the impugned order on the basis of the views expressed by the Government of India and the law officers who dealt with the matter at that stage, as the Government denied permission to the CBI to approach this Hon’ble Court,” the application said.

Further, the agency cited a development in 2017 which “fundamentally alters the landscape” in the Bofors scam case and said it was the primary reason for it to approach the Supreme Court.

This “most significant development” is an interview given by Michael Hershman to an Indian TV channel. “In the said interview, Mr. Hershman has stated that he is in possession of material which would show the payment of bribes in the Bofors deal, and that the involvement of powerful persons may be the reason for the checkered history of this case. The statements made by Mr. Hershman go to the very root of the matter,” the CBI told the apex court, while placing on record the transcript of the interview.

The CBI said it has already moved the trial court concerned under Section 173 (8) of the Criminal Procedure Code for further investigation in the case. But the 2005 High Court order stands as a roadblock and the SC has to remove it, hence the appeal.

It said the High Court quashed the proceedings in an arbitrary manner saying that the documentary evidence obtained by the CBI from authorities in Sweden were “neither available in original nor as duly authenticated copies”.

The High Court had said it would be “cruel joke on the accused to expose them to a long and arduous trial and waste public time and money” on the basis of such evidence.

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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