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Delhi HC rejects Hindujas'
plea to leave India

Rejecting the appeals of London-based S P Hinduja and G P Hinduja and Geneva-based P P Hinduja against the trial court order denying them permission to leave the country, Justice S K Agrawal said that after considering the contentions of the petitioners that "I am not inclined to allow" the petitions.

Justice Agrawal said the trial court had imposed this condition on the petitioners while granting them bail.

Taking into consideration the nature and gravity of the offence, the conduct of the Hinduja brothers and the fact that they had no movable or immovable assets in India, the apprehension of the prosecution that they may not be available for trial before the court if they feel that proceedings were not in their favour could not be said to be unfounded.

The petitioners' conduct with the Central Bureau of Investigation was not satisfactory, the court said, while directing the prosecuting agency to move the application before the trial court for separate trial of the Hinduja brothers along with some other accused.

The court also said the money with the Hinduja brothers, which was the matter of dispute "is the case property".

In case the respondent (CBI) failed to complete evidence within six months from the date first fixed by the trial court for the same, the Hinduja brothers could move applications before the trial court for permission to go out of the country, the high court said.

In that eventuality, the trial court would consider such applications of the petitioners (Hinduja brothers) inter alia on the condition requiring them to deposit an amount of US dollars 1,18,40,370 along with interest at the rate of 10 per cent per annum from January 1, 1990 till the date of payment in a nationalised bank in a fixed deposit in Delhi, the court said.

However, the amount deposited could be released as per the order of the trial court on conclusion of the trial on such other terms as may be deemed fit by the trial court, Justice Agarwal said.

The court said under the facts and circumstances of the case, the CBI is directed to move the trial court or split the trial of the Hinduja brothers and other accused persons who have already appeared before it.

During arguments on the Hindujas' petition, the CBI had given an undertaking to the high court that it was ready to separate their trial from that of Kuala Lumpur-based Italian businessman Ottavio Quattrocchi and former Bofors chief Martin Ardbo, whose extradition may take time.

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