SRICHAND P HINDUJA Vs. C B I

JUDGEMENT

(1.) This judgment shall dispose of Crl. M.A. 169/2005 & 170/2005 in Crl.Rev. 271/2004, Crl.M.A. 171/2005 & 172/2005 in Crl. Rev. 272/2004, Crl.M.A. 173/2005 & 174/2005 in Crl.Rev. 273/2004, preferred by Mr. Srichand P. Hinduja, Mr. Prakash P. Hinduja and Mr. Gopichand P. Hinduja (for short collectively called 'Hinduja Brothers') and Crl.M.C. 763/2005, filed by M/s Krtongen Kemi Och Forvaltning AB (for short 'the Bofors Company') for intervention. The aforesaid matters have been specially directed and placed before me for adjudication by order of Hon'ble the Chief Justice.

(2.) I do not propose to give a detailed history of this case, but, brief facts of the case, as put by the Hinduja Brothers, are that pursuant to an FIR registered on 22.1.19 a long and tortious investigation was undertaken which ultimately resulted in filing of a charge-sheet dated 22.10.1999. In this charge-sheet, the Hinduja Brothers were not cited as accused although the Bofors Company was made accused. In other words even though the CBI had received documents showing nine payments to a company called 'Mclntyre Corporation, owned by one of the Hinduja Brothers, namely, Prakash P. Hinduja. The Hinduja Brothers were not included in the charge-sheet since there was no evidence that the payments made to Mclntyre Corporation constituted the so-called kickback in the Bofors contract dated 24.3.1986. My attention was drawn to letter dated 9.6.2000 addressed by the Indian Embassy in Berne to the Swiss Investigating Agency enclosing a note by the CBI, paragraph 3(viii) of which reads as under :

(3.) The Swiss authorities were requested to secure further documents and also to examine the three Hinduja Brothers, which request was acceded to. However, without waiting for the receipt of the evidence from the Swiss Authorities, the CBI filed a second charge-sheet on 9.10.2000 implicating the Hinduja Brothers.