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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

Security forces arrest 14 Pakistani nationals with around 86 kg of drugs, worth Rs 600 crore near Gujarat Coast

The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24. About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals.

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The Indian Coast Guard on Sunday announced the interception of a Pakistani vessel laden with 86 kg of narcotics valued at Rs 600 crore. Acting on intelligence, a joint operation involving the Indian Coast Guard, the Anti-terrorism Squad (ATS), and the Narcotics Control Bureau (NCB) was launched to combat drug trafficking in the area.

The operation was carried out by the agencies based on intelligence inputs received in the last few days. The Indian Coast Guard took to X and wrote in a breathtaking overnight operation, Indian Coast Guard undertook an intelligence-based anti-narcotics operation at sea on 28 Apr 24.

About 86 kg of narcotics which is worth Rs 600 crore has been apprehended along with the arrest of 14 Pakistani nationals. The operation was an epitome of inter-agency coordination wherein the Indian Coast Guard Anti-terrorism Squad and Narcotics Control Bureau  collaborated seamlessly which resulted in the successful operation.

The ships and aircraft of the Indian Coast Guard had been deployed on concurrent missions to carry out the operation. ICG ship Rajratan, which had Narcitics Control Bureau and Anti Terrorist Squad officials embarked, positively identified the suspect boat.

No amount of evasive maneuvering tactics and resistance employed by the drug laden Pakistani boat could save it from the swift and strong action of ICG ship Rajratan. This operation took place on the basis of a tip-off by the Indian Coast Guard, Narcotics Control Bureau and Gujarat Anti-Terrorist Squad in the Arabian Sea near the International Maritime Boundary Line.

The operation was the 2nd major anti-narcotics operation carried out by the security forces in the Arabian Sea in 1 month. Earlier on February 26, 5 foreign nationals were held off the Porbandar coast with 3,300 kg of narcotics, including charas. Recently a boat carrying 60 packets of drugs was seized and 6 Pakistani crew members onboard the vessel were arrested off the Gujarat coast in a multi-agency operation in March.

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2024 Lok Sabha Elections

Election Commission orders AAP to modify Lok Sabha campaign song

AAP minister Atishi attacked the ECI for putting a ban on the party’s Lok Sabha election campaign song. She said this has happened for the first time in the history of India that the Election Commission has put a ban on the election song of a political party.

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The Election Commission of India asked the Aam Aadmi Party to modify its election campaign song on Sunday. The Election Commission pointed out that the phrase jail ke jawaab me hum vote denge shows an aggressive mob holding the photo of Arvind Kejriwal showing him behind bars, casts a bad impression of the judiciary. The ECI added that the phrase appears several times in the advertisement which contravenes the provisions of ECI Guidelines and Rule 6(1\(g) of Programme and Advertising Codes prescribed under the Cable Television Network Rules, 1994.

AAP minister Atishi attacked the ECI for putting a ban on the party’s Lok Sabha election campaign song. She said this has happened for the first time in the history of India that the Election Commission has put a ban on the election song of a political party.

The Election Commission listed some of the phrases that it found in violation of codes. The phrase: Tanashahi party ko hum chot denge with the video clip showing the protesters clash with the police (running from 00:21 to 00:23) incites violence. The phrase: gunda gardi ke khilaf vote denge and Tanashahi karne wali party ko hum chot denge running from duration 00:27 to 00:32 Sec with the video clip showing Manish Sisodia being escorted by the police. The words and the video clip shows the police in bad light.

The Election Commision said the phrase: Awazein khilaf thi jo sabko jail me daal dia, bas unko hi bahar rakha jisne inko maal dia. Itna lalach, itna nafrat, bhrastachari se mohabbat shows slanderous remarks and is a criticism of BJP on the basis of unverified facts and also casts bad impression of the judiciary. The Election Commission stated that the phrase Tanashahi party ko hum chot denge with the video clip showing aggressive mob clashing with the police shows criticism of the ruling party based on unverified facts.

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2024 Lok Sabha Elections

PM Modi criticises Rahul Gandhi for allegedly insulting Hindu kings, accuses Congress of not addressing atrocities by Muslim rulers

The prime minister was addressing an election rally in Karnataka’s Belagavi where he said, the statements made by the Shehzada of Congress have been made very thoughtfully to appease their vote bank. But the Shehzada does not utter a word about the atrocities committed by the Nizams, Nawabs, Badshahs and Sultans.

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Prime Minister Narendra Modi on Sunday attacked Congress leader Rahul Gandhi for allegedly insulting Hindu kings but not saying a word on atrocities committed by Muslim rulers like Aurangzeb. The prime minister was addressing an election rally in Karnataka’s Belagavi where he said, the statements made by the Shehzada of Congress have been made very thoughtfully to appease their vote bank. But the Shehzada does not utter a word about the atrocities committed by the Nizams, Nawabs, Badshahs and Sultans.

Congress does not remember the atrocities committed by Aurangzeb who destroyed thousands of Hindu temples.  He said Congress forms political alliances with parties who praise Aurangzeb. PM Modi said the Congress do not talk about all those who destroyed Hindu pilgrimage sites, looted them, killed Hindu people, and killed cows.

The Prime Minister was referring to a video clip of Rahul Gandhi which was shared by many BJP leaders. In the video clip, the Gandhi is heard saying, during the rule of Rajas and Maharajas, they could do whatever they wanted and even grab someone’s land. The Congress fought for India’s independence and brought democracy in the country.

PM Modi also mentioned the death of a Karnataka Congress corporator’s daughter, who was killed by her former colleague in her college.  He said the Congress government gives priority to appeasement and for them, the lives of daughters like Neha have no value. The prime minister further added that the Congress is only concerned about its vote bank.

Neha Hiremath, daughter of Congress Councillor of Hubballi-Dharwad Municipal Corporation Niranjan Hiremath, was murdered on the campus of BVB College on April 18 by her ex-classmate Fayaz. PM Modi accused Congress for supporting anti national parties like PFI (Popular Front of India) for votes which is an anti-national organisation that gives shelter to terrorism and which has been banned by the Modi government.

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