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T L Garg in New Delhi
The trial in the Bofors kickbacks case involving the Europe-based Hinduja brothers will take three years to complete at the pace at which it is proceeding, the Supreme Court was informed on Thursday.
"If I am required to conduct the trial of the Bofors case alone, it is likely to take at least a year, considering the voluminous documents and records of the case," trial court judge S L Khanna said in a report to the Supreme Court.
"At present, there are more than 310 cases pending before me. Everyday, one or two new cases are being endorsed to me. I will be unable to conduct and finalise the (Bofors) trial for at least three years at the pace at which it is now proceeding," Khanna, who hears cases being prosecuted by the Central Bureau of Investigation, said in the report to Judges M B Shah and R P Sethi.
Khanna had been asked to submit a report on the number of CBI cases he is handling, how many of these are part heard, how much time the Bofors case would take and whether the trial can be completed in six months.
Judges Shah and Sethi asked the government to file its reply within three weeks stating 'as to what it was doing to manage such a state of affairs'.
The Hinduja brothers - Shrichand, Gopichand and Prakashchand - are charged with receiving $10 million, which amounted to Rs 100 million at 1986 exchange rates, in kickbacks from the Swedish arms manufacturer Bofors to secure a Rs 14 billion deal in March 1986 for the supply to 155mm howitzer guns to the Indian army.
The case has been investigated for over a decade, but the CBI charged the Hindujas only last November.
The kickbacks were allegedly deposited in three coded accounts in Swiss and German banks. Although the Hindujas had initially dissociated themselves from the accounts, they later admitted that the payments were made to them but said that these were unconnected with the gun deal.
Hinduja's counsel Kapil Sibal on Thursday sought court permission for one of the brothers, Shrichand, to travel abroad. The court asked him to make a written application.
The Supreme Court had on May 12 permitted Shrichand and Gopichand Hinduja to travel abroad on furnishing bonds of Rs 150 million each. A similar request from Prakashchand Hinduja was denied and he was asked to stay in the country as a surety for the return of his brothers.
After the two brothers returned, Prakashchand Hinduja moved an application to travel abroad and was granted permission to do so on August 8 on furnishing a bond of Rs 150 million. He has been asked to return by October 1.
Judges Shah and Sethi also directed that so long as Prakashchand is out of the country, Shrichand and Gopichand Hinduja would stay in India.
They also directed that on behalf of Prakashchand Hinduja, his counsel will remain present before the trial court and will not seek any adjournment on the plea that he has to seek instructions from his client.
The Hindujas had appeared before special judge Ajit Bharihoke of the CBI trial court on January 19 in response to a summons issued by him.
Bharihoke had given the brothers bail on the condition that they would not leave the country without the court's permission.
Also named is the late prime minister, Rajiv Gandhi, who had given the go-ahead for the gun deal in his capacity as defence minister. Another accused in the case, former defense secretary S K Bhatnagar died earlier this month of cancer.
Indo-Asian News Service
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