Bofors case: SC likely to hear plea tomorrow

Bofors case: SC likely to hear plea tomorrow
Bofors case: SC likely to hear plea tomorrow

The Supreme Court is likely to hear tomorrow the politically sensitive Rs 64 crore Bofors pay-off case, amidst recent media reports suggesting a financial quid pro quo for the Rs 1,437 crore Howitzer gun deal in 1986.

A bench headed by Chief Justice Dipak Misra is scheduled to take up the plea by BJP leader and advocate Ajay Kumar Agarwal, who had challenged the Delhi High Court May 31, 2005 judgement quashing all charges against the Europe-based Hinduja brothers in the case.

The apex court had on October 18, 2005 admitted his petition which was filed after the CBI failed to approach the top court with the appeal within the 90-day deadline following the High Court verdict.

The hearing assumes significance in the wake of a demand in Parliament by ruling BJP MPs for reopening of the probe into the Bofors kickback scandal after the media reports quoting Swedish chief investigator Sten Lindstrom’s suggested the alleged bribery at the top level.

Agarwal, who had contested the Rai Bareli Lok Sabha elections in 2014 against Congress President Sonia Gandhi, had said he will also draw the attention of the apex court that he had written a letter to the Enforcement Directorate seeking investigation into the trail of the kickback money under the Foreign Exchange Management Act (FEMA), 1999 and the Prevention of Money Laundering Act, 2002.

In the July 28 letter to the ED, he has claimed that the alleged crimes were committed continuously till the year 2006 when two London accounts held by Italian businessman Ottavio Quattrochi, who was accused as being one of the middlemen in the deal, were de-freezed.

The BJP leader had said he was writing a letter to the CBI asking it to file an affidavit about the facts and course of investigation in the case, as during the brief hearing on December 1, 2016, the agency had told the apex court that the authorities had not permitted it to file an appeal against the May 31, 2005 verdict.

Agarwal said he will try to convince the apex court through his petition that the “High Court had quashed the charges against the accused persons on technical grounds and the order was totally perverse which is liable to be set aside.”

Justice R S Sodhi of the Delhi High Court, since retired, had on May 31, 2005 quashed all charges against the Hinduja brothers — Srichand, Gopichand and Prakashchand — and the Bofors company and castigated the CBI for its handling of the case saying it had cost the exchequer about Rs 250 crore.

Before the 2005 verdict, another judge of the Delhi High Court, Justice J D Kapoor (since retired) on February 4, 2004, had exonerated late Prime Minister Rajiv Gandhi in the case and directed framing of charge of forgery under Section 465 of IPC against the Bofors company.

The matter was last listed on February 28 this year when it was adjourned.

The apex court had on October 18, 2005 allowed Agrawal to file an appeal against the high court verdict in the absence of any appeal by CBI.

The December 1, 2016 hearing had taken place after a gap of almost six years since August 12, 2010.

The Rs 1,437 crore deal between India and the Swedish arms manufacturer AB Bofors for the supply of 400 155mm Howitzer guns for the Indian Army was entered on March 24, 1986. The Swedish Radio on April 16, 1987 had claimed that the company had paid bribes to top Indian politicians and defence personnel.

The CBI on January 22, 1990 had registered the FIR for the alleged offence of criminal conspiracy, cheating, forgery under the Indial Penal Code and other sections of Prevention of Corruption Act against Martin Ardbo, the then President of AB Bofors, alleged middleman Win Chadda and Hinduja brothers.

The CBI had alleged that certain public servants and private persons in India and abroad had entered into a criminal conspiracy between 1982 and 1987 in pursuance of which the offences of bribery, corruption, cheating and forgery were committed.

The first charge sheet in the case was filed on October 22, 1999 against Chadda, Quattrocchi, then Defence Secretary S K Bhatnagar, Ardbo and the Bofors company. A supplementary charge sheet against Hinduja brothers was filed on October 9, 2000.

A special CBI court in Delhi On March 4, 2011, had discharged Quattrocchi from the case saying the country cannot afford to spend hard-earned money on his extradition which has already cost Rs 250 crore.

Quattrocchi, who fled from here on July 29-30, 1993, has never appeared before any court in India to face prosecution.

He passed away on July 13, 2013. The other accused persons who have died are Bhatnagar, Chadda and Ardbo.

( Source – PTI )

Andhra Pradesh paves way for Enforcement Directorate probe in Satyam case

Paving the way for the Enforcement Directorate (ED) to proceed with the Satyam scam case, the state government has issued an order designating the local court trying the multi-crore accounting scandal as a sessions court. As per the Prevention of Money Laundering Act (PMLA), courts lower than sessions court cannot try cases filed by the Enforcement Directorate.
“In the circumstances explained by the registrar (vigilance), AP High Court, the government, after careful examination of the proposal, hereby designates the XXI additional chief metropolitan magistrate’s court, Nampally, as the sessions court”, the Government Order (GO) issued last week said.

The ED, which was awaiting an administrative decision of the High Court in designating a competent court as a special court for ED cases, is now getting ready to file its chargesheet in the case.



Hasan Ali’s bail plea rejected once again

On Thursday A Prevention of Money Laundering Act, court rejected the bail application of Pune businessman Hasan Ali Khan, who was presented in the court. He was an accused in many money laundering cases.

On earlier occasions also, the court had rejected his bail application. Last year, he filed a review petition in the Supreme Court, seeking review of the Supreme Court’s order rejecting his bail plea.

However, early this year the apex court rejected his plea.

Khan, who is also booked for a theft case in Hyderabad, applied for bail on the fresh grounds that as per a Right to Information application the police denied any theft of the Nizam’s antiques. The defence argued that he had already spent two years in jail and suffered from sick health.

ED gets four days custody of Verma and his wife

The Enforcement Directorate (ED) was on Thursday allowed by a Delhi court to take into their custody businessman Abhishek Verma and his wife for four days to quiz them for their alleged role in a money laundering case.

Verma and his Romanian wife Anca Maria Neascu, arrested by the ED yesterday in connection with the case, were produced before the court which remanded them to its custody till August 27 after the agency said that the case is having “wide international ramifications” and the probe is going on.

The ED told the court that it was the only competent authority to investigate under the Prevention of Money Laundering Act (PMLA), 2002 and that the duo’s custodial interrogation was necessary to know the magnitude of the offence committed by them.

“…thus keeping in view all the allegations on accused persons, the accused persons are remanded to the custody of the department for the period of four days,” Additional Chief Metropolitan Magistrate (ACMM) Gautam Manan said.

During the arguments, ED’s prosecutor Naveen Kumar Matta sought seven days custody of both the accused saying that the probe in the case is in progress.

“From the investigations conducted so far, there has emerged a prima facie case of violation of provisions of the PMLA of a very large magnitude having wide international ramifications involving a number of persons/entities including both the accused/suspects. These investigations are still in progress,” the ED, in its remand application, said.

ED said Verma and his wife were involved in the offences of PMLA of very high magnitude “running into crores of rupees”.

The ED had registered a money laundering case against the couple for allegedly receiving money from a Swiss defence firm to keep it out of the Indian government’s blacklist.

ED to question Jagan for 14 days

The CBI court today allowed ED to interrogate Jagan, as the parliament member from Kadapa is popularly known, in Chanchalguda Central Jail for 14 days in illegal assets case.

The court, which had July 2 reserved its orders on the ED plea, permitted the central agency to question Jagan from July 7 to July 21.

The ED officials will grill Jagan in the presence of his lawyer every day from 10 a.m. to 5 p.m.

The CBI court rejected the objections raised by Jagan to the ED petition. In his counter, the MP urged the court to dismiss the petition.

Jagan argued that he is no longer chairman or director of Jagati Publications, the investments into which are under the ED scanner.

Jagati Publications, which publishes Telugu daily “Sakshi”, reportedly received investments from firms based abroad in return for the favours doled out to them by the then government of Jagan’s father Y.S. Rajasekhara Reddy.

The ED has already booked Jagan for alleged violations of Prevention of Money Laundering Act (PMLA) and Foreign Exchange Management Act (FEMA).

The ED last month questioned industrialist Nimmagadda Prasad, suspended bureaucrat B.P. Acharya and another bureaucrat K.V. Brahmananda Reddy in Chanchalguda Central Jail here in the same case.

Jagan was arrested by the CBI on May 27. The high court on July 4 dismissed his bail petition.