New Delhi, Sept 30: NRI businessmen Hinduja brothers today submitted before the Delhi High Court that the army and government officials who "decided" to opt for howitzer guns should be prosecuted if there was something wrong in the Bofors deal signed in March 1986. "Army's technical committee finally gave its opinion in favour of Bofors on February 17, 1986. The price negotiating committee decided to buy Bofors guns on March 4, 1986. If there was something wrong with the deal, why weren't they prosecuted?" Hindujas' counsel Kapil Sibal asked during arguments on their appeals challenging the trial court order framing charges against them in the Rs 64-crore pay-off case.

It was only after the final opinion of the army and the price negotiating committee's decision that the government awarded the Rs 1437 crore contract to the Swedish arms manufacturer, Sibal submitted.
"If there was something wrong in the deal, why to single out S K Bhatnagar (then defence secretary) for prosecution?" he asked and wondered how Bhatnagar's role was different from that of the other members of the price negotiating committee.

"If army did not act dishonestly; if price negotiating committee's decision was not a dishonest decision; how come Rajiv Gandhi's decision became a dishonest act?," he asked.

The court reserved its order after Sibal and Bofors counsel Alok Sengupta concluded their arguments as Additional Solicitor General (ASG) Mukul Rohatagi had already completed his submissions on behalf of CBI.
Justice J D Kapoor asked the contesting parties to file their written submissions, if any, within two weeks.

Bureau Report