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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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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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