New Delhi, Sept 08: The controversial Swedish arms manufacturer A B Bofors that supplied 155 mm Howitzer guns to India today claimed before the Delhi High Court that there was no written policy of the government prohibiting engagement of middlemen in the Rs 1,437 crore deal. "There was no written policy of the government on the issue. The then Bofors Chief Martin Ardbo had only agreed to consider a request from the then Defence Secretary S K Bhatnagar in this regard," Bofors counsel Alok Sengupta told Justice J D Kapoor during arguments against framing of charges in the case.

Sengupta submitted that at the most it can be termed as a breach of agreement and not cheating. Earlier, he had contended that Bofors cannot be prosecuted for criminal conspiracy and cheating as "a body corporate does not have a mind of its own. How can a company be prosecuted for conspiracy?, he had asked.

"To commit the offences of criminal conspiracy and cheating you have to have a mind of your own. A body corporate is only a juristic person which does not have a mind", he argued.

Bofors has challenged the November 2002 order of Special Judge Prem Kumar framing charges against it in the Rs 64 crore Bofors pay-off case. Bureau Report