New Delhi, July 25: Sharply criticising CBI's chargesheet against the Hinduja brothers in the Bofors case, their counsel Ram Jethmalani today contended before a special court that the investigating agency was victimising them without any evidence and the situation was being exploited by their business rivals. Arguing for more than three hours before special judge Prem Kumar, Jethmalani said that due to undue delay in the probe and trial of the case their business interests were being adversely affected. Jethmalani cited the example of bidding for disinvestment in Air India wherein the Europe-based brothers were debarred from taking part. Citing several Supreme Court and privy council judgments, he said that the court had inherent powers to quash the chargesheet "if it thinks that there is undue delay in investigation and trial." The former law minister submitted that "due to inordinate delay the trial becomes oppressive and unwarranted and it leads to abuse of the process of law." In their application filed on July 19, Hinduja brothers- Srichand, Gopichand and Prakashchand- had sought quashing of the CBI chargesheet against them saying "delayed probe and delayed trial" in the case was violative of their fundamental right to protection of life and personal liberty which includes speedy trial.
They had held CBI responsible for the delay of over 12 years in the probe and filing of chargesheet in the case, a charge denied by the probe agency.
Bureau Report