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Hindujas not to be detained: CBI

CBI counsel N Natarajan informed Special Judge Ajit Bharihoke, who was hearing separate applications by S P Hinduja, G P Hinduja and P P Hinduja seeking cancellation of look out notices against them issued to all airports in India by the agency, that the brothers would not be detained at the airport if they came to answer the summons issued to them by the court.

"Since CBI has now amended the look out notice withdrawing instructions for detaining them while entering India, the three brothers can arrive and present themselves unhindered before the court on January 19," the agency said in its reply.

In separate applications before Judge Bharihoke, who had issued summonses to the Hinduja brothers after taking cognisance of the chargesheet, the brothers said they were willing to appear before the court but the look out notice was an impediment.

The court said since CBI has already issued instructions to immigration authorities not to detain the Hindujas, their other prayers would be heard on January 19 'on their appearance'.

In another prayer, the brothers sought different dates for the three of them to appear before the court as they did not want to appear together on a single day.

They had also sought exemption from personal appearance before the court.

When counsel for the three brothers Rajendra Singh and Arvind Nigam pressed for these two concessions, Bharihoke said, "Let them appear first and the remaining part of their prayers will be heard on that day."

The Hinduja brothers had sought separate appearances on the ground that their business, spread over four continents and employing over 25,000 people, might suffer if all three of them were held up in court proceedings on a single day.

They said the summons were yet to be served on them, but as law abiding persons they wanted to appear before the court on their own volition. The Hinduja brothers had alleged in their applications that the CBI look out notices were 'motivated' and intended to harass and humiliate them.

The CBI refuted these charges saying, "The charges are totally baseless, unfounded and unwarranted."

The agency said the look out notices were issued in view of the brothers' failure to join the investigation and their 'insistence that the course of investigation should proceed in a particular manner as desired by them."

The Hindujas had in their applications sought permission to travel out of India after their appearance in the case.

However, CBI said this request could be made before the court 'only after they submit themselves to the jurisdiction of the court'.

Giving the history of the look out notices, CBI said it was first issued against G P Hinduja soon after registration of an FIR in 1990 and withdrawn in 1991 after his examination by the agency officials in London on January 22, 1991.

Fresh look out notices were issued against the Hinduja brothers and another accused Ottavio Quattrocchi in 1993 requesting immigration authorities to inform the CBI if these persons were found entering into or leaving India after it became apparent that they were opposing execution of letters rogatory for transmission of Swiss documents to Indian authorities.

CBI had filed a chargesheet against the Hindujas on October nine last year alleging that they had received about 81 million Swedish Kroners from Swedish arms manufacturer A B Bofors for getting them the contract for supply of 155 MM Howitzer field guns to India in March 1986.

The court had on December 12 last issued summonses asking them to appear before it on January 19 after taking cognisance of the chargesheet.

The chargesheet came a year after the first one filed 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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