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SC stays HC order on Bofors case
New Delhi, July 12: Supreme Court today stayed the Delhi High Court order quashing the chargesheet against three Hinduja brothers, who are accused in the Rs 64 crore Bofors pay-off case. Bofors Chronology
New Delhi, July 12: Supreme
Court today stayed the Delhi High
Court order quashing the chargesheet
against three Hinduja brothers, who
are accused in the Rs 64 crore Bofors
pay-off case.
A three-judge bench comprising Chief Justice B N Kirpal,
Justice K G Balakrishnan and Justice Arijit Passayat directed
that the trial in the case will continue.
The bench said "We are staying the operation of the High Court judgement and all proceedings in the matter will go on."
This order was passed on the appeal filed by the CBI against the order of the high court which has quashed the chargesheet against Hindujas - Srichand, Gopicahnd and Prakashchand - on the ground that CBI had not taken the mandatory permission from the central vigilance commission before filing the chargesheet against them.
The case will come up for hearing on July 29. Hindujas` Counsel Kapil Sibal requested the court that though the judgement can be stayed, the proceedings before the trial court should not go on as it would cause prejudice to the accused.
The bench said "We are convinced that this judgement is completely unsustainable. The Vineet Narayan judgement was not meant for this."
When Sibal said the case is fixed before the trial court for framing of charges and submitted that the trial court should not frame charges, the bench said "Let the charges be framed. If the judgement is not stayed and proceedings are not allowed to go on, then no prosecution will succeed in this country."
Bureau Report
The bench said "We are staying the operation of the High Court judgement and all proceedings in the matter will go on."
This order was passed on the appeal filed by the CBI against the order of the high court which has quashed the chargesheet against Hindujas - Srichand, Gopicahnd and Prakashchand - on the ground that CBI had not taken the mandatory permission from the central vigilance commission before filing the chargesheet against them.
The case will come up for hearing on July 29. Hindujas` Counsel Kapil Sibal requested the court that though the judgement can be stayed, the proceedings before the trial court should not go on as it would cause prejudice to the accused.
The bench said "We are convinced that this judgement is completely unsustainable. The Vineet Narayan judgement was not meant for this."
When Sibal said the case is fixed before the trial court for framing of charges and submitted that the trial court should not frame charges, the bench said "Let the charges be framed. If the judgement is not stayed and proceedings are not allowed to go on, then no prosecution will succeed in this country."
Bureau Report