MADHAVSINH SOLANKI Vs. STATE

JUDGEMENT

(1.) THIS appeal under Section 341 of the Code of Criminal Procedure Code, 1973 (Cr PC) against an order dated 7th July 2008 passed by the learned Special Judge (CBI), Delhi in RC No. 1(A)/90/CBI/ACU -IV whereby a direction was issued that a complaint be filed against the Appellant under Section 193 IPC before the Court of competent jurisdiction.

(2.) THE Appellant was a Minister of External Affairs in the Government of India. On 1st February 1992 during his visit to Davos, Switzerland to attend the annual World Economic Forum, the Appellant sought an appointment with the Swiss Foreign Minister Mr. Rene Felber. At that meeting with Mr. Felber, the Appellant handed over an envelope containing an unsigned typed 'Memorandum'. The said Memorandum referred to a request presented by the Government of India to the Government of Switzerland on 23rd January 1990 for mutual assistance in connection with the Bofors case. It purported to advise that since the validity of the above request for legal assistance was challenged in the Courts in India, "until a final decision is issued by Indian courts on that issue, no further steps should be taken in Switzerland in this matter". The background events

(3.) THE events leading up to the aforementioned request was that on 22nd January 1990 the CBI registered a case against Mr. Martin Ardbo, former President of M/s. AB Bofors, Sweden and its other concerned Directors and employees, W.N. Chadha @ W in Chadha, President of M/s. Anatronic General Corporation and its other concerned Directors and employees, the Directors, employees and direct or indirect beneficiaries of M/s. Svenska Inc., Panama and M/s. Pitco/Moresco/ Moineao, Geneva and various other entities and certain public servants of Government of India under Sections 120 -B IPC read with Sections 161, 162, 163, 164 & 165 -A IPC read with Sections 5 (2) read with Sections 5 (1) (d) and 5 (2) read with Section 5 (1) (c) of the Prevention of Corruption Act, 1947 read with Sections 409, 420, 468 and 471 IPC. Accordingly the information received by the CBI revealed that between 1982 and 1987 certain public servants of the Government of India entered into the CBI revealed that between 1982 and 1987 certain public servants of the Government of India entered into a criminal conspiracy with W.N.Chadha, Martin Ardbo, G.P. Hinduja and others in India and abroad and pursuant thereto committed offences of criminal conspiracy, bribery, criminal misconduct by public servant, cheating, criminal breach of trust, forgery for the purpose of cheating and using the same as genuine in respect of the contract dated 24th March 1986 entered into between the Government of India and M/s. AB Bofors of Sweden ("Bofors") for a value of Swedish Kroners 8410.66 million (Rs.1437.72 crores or Rs.14377.2 million) for the supply of four hundred and ten 155 mm FH 77 -B guns, towed vehicles and ammunition, etc. by Bofors.