RAJIV GANDHI EKTA SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an unusual petition filed under extraordinary circumstances. In this petition filed under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as `the Code') the petitioner prays for quashing or deleting the name of a dead person from column No. 2 of a charge sheet filed by the Central Bureau of Investigation (CBI) in the Court of the Special Judge, CBI, Delhi.

(2.) The petitioner is the Rajiv Gandhi Ekta Samiti through its President Shri Ravindra Gupta. The respondents are the Union of India, through its Secretary (Home) and the Central Bureau of Investigation through its Director. Even though this Court did not issue any formal notice to the respondents, the learned Additional Solicitor General Mr. S.B.Jaisinghani volunteered to assist the Court on behalf of the respondents. Hence in deciding this case this Court had the assistance of Mr. V.K. Shukla, learned Counsel for the petitioner and Mr. S.B.Jaisinghani, the learned Additional Solicitor General.

(3.) It is necessary to state the background of this case. The name of the late Shri Rajiv Gandhi, a former Prime Minister of India, was included in the charge sheet dated 22.10.1999 filed by the CBI in the Court of the Special Judge, CBI, Delhi in connection with FIR No. R.O.1[A]/90-ACU-IV which had been registered by the CBI on 22.10.1990. According to the said charge sheet, information received by the CBI had revealed that between 1982 and 1987 certain public servants entered into a criminal conspracy with W.N. Chadha, Martin Ardbo, G.P. Hinduja and others in India and abroad, andn pursuance thereof, committed offences of criminal conspiracy, bribery, criminal misconduct by public servant, cheating, criminal breach of trust, forgery for the purpose of cheating and using as genuine a forged document in respect of the contract dated March 24, 1986 entered into between the Government of India and M/s. A.B. Bofors of Sweden for a value of Swedish Kroners 8410.66 million (Rs. 1,437.72 crores) for the supply of four hundred 155 mm. FH 77-B guns (towed), vehicles and ammunition etc., by M/s. A.B. Bofors. Investigation conducted in India and abroad revealed that the accused S.K. Bhatnagar, W.N. Chadha @ Win Chadha, Ottavio Quattrocchi, Martin Ardbo, M/s. A.B. Bofors and the late Shri Rajiv Gandhi entered into/were parties to a criminal conspiracy with some other persons at New Delhi, Sweden, Switzerland and other places during the period 1985-1987 and thereafter, with an object to award a contract by Government of India in favour of M/s. A.B. Bofors for the purchase of 400 numbers of 155 mm FH-77-B gun systems by abuse of official position by the above said public servants and for causing wrongful gain to private persons/others and corresponding wrongful loss to the Government of India in the said gun deal. Investigation also revealed that the accused S.K. Bhatnagar and others, in pursuance of the said criminal conspiracy, committed various acts of omission and commission in the award of contract to M/s. A.B. Bofors. It is also stated in the charge sheet that the late Shri Rajiv Gandhi was the Prime Minister during the relevant period and was holding the portfolio of Ministry of Defence also from September, 1985 to January, 1987. According to the charge sheet, in tune with the policy of the Government of India not to allow middlemen/agents in the deal, no commissions were to be paid by M/s. A.B. Bofors in connection with the contract. But the accused persons dishonestly led the Government of India to believe that there were no agents and induced the Government to part with an amount of SEK 242.6 million which eventually was passed on by M/s. A.B. Bofors to its agents as commissions. It is further stated that the late Shri Rajiv Gandhi, S.K. Bhatnagar, Ottavio Quattrocchi, W.N. Chadha, Martin Ardbo, former President of M/s. A.B. Bofors and M/s. A.B. Bofors of Sweden, in pursuance of the aforesaid criminal conspiracy, showed undue favour to M/s. A.B. Bofors in the award of the above said contract dated March 24, 1986 causing wrongful gain to M/s. A.B. Bofors, Ottavio Quattrocchi and W.N. Chadha and corresponding loss to the Government of India and that the Government of India was cheated to the tune of the commission amount (SEK 242.62 million) paid by M/s. A.B. Bofors to its agents in the said deal. It is also stated in the charge sheet that the facts revealed during the investigation constitute commission of offences punishable under Section 120B read with Section 420 of the Indian Penal Code and Section 5(2) read with Section 5(2)(d) of the Prevention of Corruption Act, 1947 by late Shri Rajiv Gandhi, S.K. Bhatnagar, Ottavio Quattrocchi, W.N. Chadha, Martin Arbdo, former President of M/s. A.B. Bofors and M/s. A.B. Bofors, Sweden. As per the charge sheet, the late Shri Rajiv Gandhi committed substantive offences punishable under Section 5(2)r/w Section 5(1)(d) of the Prevention of Corruption Act, 1947. It is also stated that sufficient oral and documentary evidence is available against the accused persons to prove the said offences. The prayer at the end of the charge sheet is that cognizance of the offences may be taken against S.K. Bhatnagar, Ottavio Quattrocchi, W.N. Chadha, Martin Ardbo and M/s. A.B. Bofors of Sweden and that they may be tried in accordance with law. It is also stated that none of the said accused persons was arrested during the investigation.