New Delhi, Apr 30: Defending quashing of the Bofors chargesheet against Hindujas, their counsel Ram Jethmalani today submitted before the Supreme Court that its 1997 order for a "strong" Central Vigilance Commission to supervise functioning of CBI had been repeatedly violated by the Centre leading to filing of a "frivolous" case against his clients. The counsel submitted before a bench, comprising Justice S Rajendra Babu and Justice G P Mathur, during the hearing of an appeal filed by CBI challenging the Delhi High Court order quashing the chargesheet, that this constituted gross contempt of court.
Requesting the court not to hear CBI's petition till the Centre rectified its mistakes in this regard, Jethmalani said the prosecution in the Rs 64 crore Bofors pay-off case was politically motivated as there were allegations of involvement of former Prime Minister Rajiv Gandhi. The High Court had quashed the chargesheet against the three Europe-based Hinduja brothers on the ground that CBI had not taken prior approval of CVC to file the chargesheet as mandated by the apex court in Vineet Narain case.
Jethmalani said the apex court envisaged CVC to be a safeguard against frivolous and politically motivated prosecution and the government committed contempt by creating a CVC which was a "shadow" and a "joke" of a powerful CVC envisaged by the apex court. Bureau Report