M A I N   N E W S

SC sets aside HC order on Hindujas
Tribune News Service

New Delhi, July 7
In a ruling of major significance, that the CBI did not require the clearance from the Central Vigilance Commission (CVC) for chargesheeting an accused, the Supreme Court today set aside the Delhi High Court order, discharging the Europe-based Hinduja brothers in the Rs 64-crore Bofors payoff case on the same ground.

Criticising the high court for arriving at a conclusion that the CVC’s prior sanction was necessary for filing of the chargesheet by the CBI in corruption cases, the apex court said “the duties and functions of the CVC are to be performed in accordance with the Government of India Resolution of April 5, 1999, which nowhere provided for taking any kind of concurrence or approval from the CVC before submission of the chargesheet.”

Setting aside the high court’s June 10, 2002, order, striking down the CBI chargesheet against the Hinduja brothers — Srichand, Gopichand and Prakashchand, a Bench comprising Mr Justice S. Rajendra Babu and Mr Justice G.P. Mathur said “we find the high court judgement to be quite confusing and self-contradictory”.

With today’s judgement, the Supreme Court paved the way for resumption of the trial of the Hindujas before a Special Judge here, stayed by it during the pendency of the appeals by the CBI and the CVC against the high court order.

“The Special Judge shall proceed with the trial of the case and scrutinise the material on record and other circumstances of the case in accordance with the law,” the Bench observed.

Mr Justice R.S. Sodhi of the high court, in his order, had quashed the chargesheet against the Hinduja brothers by accepting the contentions of their counsel Ram Jethmalani that the CBI had not sought prior sanction from the CVC before filing of the challan in the trial court, as has been mandated by the Supreme Court in the Vineet Narain (Jain-hawala) case judgement.

Disagreeing with the findings of Mr Justice Sodhi, the Supreme Court held that “the high court having arrived at the aforesaid findings, the only result which could logically follow was to dismiss the petition” by the Hinduja brothers.

“There was absolutely no occasion for allowing the same (Hindujas’ petition) and quashing the cognisance (taken by the trial court) and further proceedings in the case,” the apex court said, allowing the CBI and CVC appeals.

Pointing out various contradictions in the high court’s judgement, the apex court said it had committed serious error not giving due consideration to the affidavit filed by the CVC about its duties and functions.