Saturday, January 20, 2001,
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Hindujas get bail, but told not to leave India
Tribune News Service and agencies

NEW DELHI, Jan 19 — One of the richest Indian businessmen living in UK, Hinduja brothers, today appeared before a Delhi court in the Rs 64-crore Bofors pay-off case, where they were granted bail but barred from leaving India without its permission.

The three brothers — London-based group chairman S.P. Hinduja and the group president G.P. Hinduja and Geneva-based P.P. Hinduja, entered the Tis Hazari court complex around noon and the court pronounced its order of granting bail later in the evening.

The CBI has charged them with receiving kickbacks to the tune of 81 million Swedish kroners from Bofors which bagged the Rs 1437 crore gun contract in 1986.

Special Judge Ajit Bharihoke granting bail to the three brothers said, “They shall join the investigation as and when required by the CBI and will not leave the country without the permission of the court.”

The judge granted bail to the Hinduja brothers after they furnished bail bonds of Rs 2 lakh and a surety each of the same amount.

Soon after the judge pronounced the order, the brothers filed an application seeking the court’s permission to go abroad.

The judge will hear arguments from the counsels of the Hindujas and the CBI tomorrow before pronouncing its order.

The three brothers, who appeared in the Asia’s largest court complex, looked completely relaxed. During the time period between the arguments and the court order, they moved around the court complex evoking inquisitive looks from litigants and newspersons from national and international media, who had gathered to cover the proceedings.

When asked about the media glare on the court premises, Mr S.P. Hinduja said, “It was their first experience to appear in an Indian court but we have come on our own to face charges in the Bofors case which are baseless.”

“If somebody is pointing fingers at you, you will come forward to face it. Is it not” he said.

Asked about the enormous attention, he said, “In the West, only for a pop star so many persons turn up. It is quite surprising.”

Decks for the appearance of the Hinduja brothers were cleared after the CBI, which filed the charge-sheet, asked the immigration authorities not to detain or arrest them on their arrival in India.

Mr S.P. Hinduja, who claimed to have very good relations with the Press, did not appear at a hurriedly called news conference in the evening. Even their lawyers did not turn up and the public relations company had to face the ire of the newspersons, who waited for about an hour to grill the Hinduja brothers.

Stating the reasons for going abroad, the Hindujas said in their application that as the financial year was going to end in March, they have to participate in board meetings of various companies to approve their budget.

Mr G.P. Hinduja in the application said he was required to attend the World Economic Forum’s meeting at Davos, Switzerland, in January.

The CBI, which for long had sought to question the Hindujas, submitted before the court that it was not keen on taking them into custody, but wanted three days’ time to question them “at their convenience and appointed time.”

The CBI counsel N. Natarajan, however, submitted that the court should take necessary precautions to secure their presence during the trial.

The counsel for the brothers contended that the court should not do anything in the order about “taking them into custody.”

Arguing their case, counsel Arvind Nigam, Amit Desai and senior advocate Rajinder Singh contended that the accused have voluntarily appeared without receiving the summons issued by the court showing their intentions to cooperate in the smooth conduct of the trial.

Rajinder Singh said the court should not mention anything in the order about “taking them into custody” as this would affect their global business worth billions of dollars.

He said the three brothers were innocent and there was no charge levelled by the CBI that they had ever bribed any public servant in the award of 155 mm gun deal contract to A.B. Bofors in 1986.

In a related development, the court extended the non-bailable warrant of Italian businessman Ottavio Quattrochhi, also an accused in the case, as the CBI counsel informed the court that the extradition proceedings against him in a Malaysian court would come up for hearing on January 22.

Mr Natarajan said there was every likelihood of Mr Quattrochhi being extradited.

The court fixed the hearing in the matter relating to the Italian businessman on January 30.

The charge-sheet against the Hinduja brothers came almost a year after the first one filed by the CBI on October 22, 1999, naming Kuala Lumpur-based Italian businessman Quattrocchi, NRI businessman Win Chadha, former Defence Secretary S.K. Bhatnagar, then Bofors company chief Martin Ardbo and the company itself as accused. 
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