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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.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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