New Delhi: An application was on Thursday moved
in the Supreme Court seeking an early hearing of an appeal
filed against the Delhi High Court`s verdict quashing all
charges against Europe-based Hinduja Brothers in the Bofors
Advocate Ajay Agarwal, who challenged the May 31,
2005, decision of the High Court in the apex court after CBI
failed to file the appeal within the mandatory 90-day period,
sought an early hearing in the case on the ground that it has
been pending for the last four years.
Justice R S Sodhi (since retired) had quashed the
chargsheet filed by CBI against the Hinduja brothers -- S P
Hinduja, G P Hinduja and P P Hinduja.
The advocate sought an early hearing of the appeal
alleging that CBI has been in collusion with the accused in
the case which became evident by the investigating agency`s
decison to seek withdrawal of the case against the Italian
businessman Ottavio Quattrocchi who is also an accused in the
"For the reasons showing apparent CBI collusiveness
with the accused persons in Bofors scam and taking the plea of
the High Court judgement gone unchallenged by CBI, it is
expedient in the interest of justice that the matter be heard
at an early date," Agrawal said in his apllication.
The application was moved a day before a trial court
is to hear the application filed by the probe agency seeking
to close the case against Quattrocchi.
In the last hearing on September 29, the government
had informed the Supreme Court that it had decided to withdraw
the case against Quattrocchi.
Solicitor General Gopal Subramanium told the court
that all efforts to extradite Quattrocchi, an accused in the
two-decade-old case relating to payment of Rs 64 crore as
commission in the Swedish Howitzer gun deal, have failed.
Quattrocchi, 69, is the sole accused in the case after
the Delhi High Court had on May 31, 2005 quashed charges
against the other accused. He has not appeared before Indian