05-27-2005, 09:01 PM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Missing original papers a breather to Hindujas </b>
Staff Reporter/ New Delhi
The Central Bureau of Investigation (CBI) has conceded before the Delhi High Court its inability to produce the original or authenticated copies of the documents on basis of which the Centre had proceeded its case against the Hinduja brothers in the multi-crore Bofors gun scandal.
Appearing before Justice RS Sodhi on Friday, Additional Solicitor General (ASG) B Dutta while responding to a specific query put by the court, stated it was impossible for CBI to produce either the authenticated copies of documents or their originals from the keepers of the documents at Berne, Switzer-land at this stage or when the court so desires.
The submission came forth during the hearing of a petition filed by the Hinduja brothers Srichand, Gopichand and Prakashchand who sought the High Court's intervention to recall a lower court verdict that sought to proceed trial against them under IPC Sections 120 B read with 420 amounting to criminal conspiracy and cheating.
Following this submission by the ASG, the court reserved its order in this matter. The lower court on February 4, 2004 had proceeded against the Hinduja brothers for having entered into criminal conspiracy and dishonestly representing that there were no agents involved in the Rs 1437 crore gun deal.
The CBI claimed that it obtained no response from the concerned quarters regarding the authentication of documents and production of the originals. "We do not have any information in whose custody the original documents are at present," the ASG said.
Hindujas' counsel Ram Jethmalani had argued that the charges were framed against his clients on the presumption that the CBI had the original documents. He stated that the trial will be complete waste of time as it is clear that CBI do not have the originals. In this regard, the court was asked to recall the lower court order and discharge them in the case. <!--QuoteEnd--><!--QuoteEEnd-->
Now congress is back in power, suddenly original paper will disappear.
Staff Reporter/ New Delhi
The Central Bureau of Investigation (CBI) has conceded before the Delhi High Court its inability to produce the original or authenticated copies of the documents on basis of which the Centre had proceeded its case against the Hinduja brothers in the multi-crore Bofors gun scandal.
Appearing before Justice RS Sodhi on Friday, Additional Solicitor General (ASG) B Dutta while responding to a specific query put by the court, stated it was impossible for CBI to produce either the authenticated copies of documents or their originals from the keepers of the documents at Berne, Switzer-land at this stage or when the court so desires.
The submission came forth during the hearing of a petition filed by the Hinduja brothers Srichand, Gopichand and Prakashchand who sought the High Court's intervention to recall a lower court verdict that sought to proceed trial against them under IPC Sections 120 B read with 420 amounting to criminal conspiracy and cheating.
Following this submission by the ASG, the court reserved its order in this matter. The lower court on February 4, 2004 had proceeded against the Hinduja brothers for having entered into criminal conspiracy and dishonestly representing that there were no agents involved in the Rs 1437 crore gun deal.
The CBI claimed that it obtained no response from the concerned quarters regarding the authentication of documents and production of the originals. "We do not have any information in whose custody the original documents are at present," the ASG said.
Hindujas' counsel Ram Jethmalani had argued that the charges were framed against his clients on the presumption that the CBI had the original documents. He stated that the trial will be complete waste of time as it is clear that CBI do not have the originals. In this regard, the court was asked to recall the lower court order and discharge them in the case. <!--QuoteEnd--><!--QuoteEEnd-->
Now congress is back in power, suddenly original paper will disappear.