No dirt, remove Rajiv stain: HC

Almost 18 years after his government signed a deal with Sweden’s A B Bofors for the purchase of 400 field guns and invited the charge o...

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Almost 18 years after his government signed a deal with Sweden’s A B Bofors for the purchase of 400 field guns and invited the charge of accepting kickbacks, the late Rajiv Gandhi was given a clean chit in the Bofors scandal.

Framing of charges against the Hinduja brothers under the Prevention of Corruption Act was also quashed.

Justice J D Kapoor, in his order on an appeal filed by the Hindujas against framing of charges against them by a special court, said the CBI had failed to provide evidence that any public servant had received money in the deal.

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‘‘So far as public servants namely late Rajiv Gandhi and late (Defence Secretary) S K Bhatnagar are concerned, 16 long years of investigation by a premier agency of the country… could not unearth a scintilla of evidence against them for having accepted bribe/illegal gratification in awarding the contract in favour of Bofors,’’ said Justice Kapoor.

The CBI tonight said it would file a special leave petition (SLP) in the Supreme Court, challenging the High Court order of dropping charges under Prevention of Corruption Act against the Hinduja brothers.The Hindujas — Srichand, Gopichand and Prakashchand — will, however, face charges of cheating and conspiracy which will now be tried by a magistrate instead of the sessions court. Also quashed was the charge of abetment against them under the Indian Penal Code.

But the High Court upheld the charge against Bofors of fabricating documents.

Expresing concern over ‘‘trial by media’’, Justice Kapoor said the functions of the court cannot be usurped by any other authority in a civilised society.

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‘‘Fairnesss of trial is of paramount importance as without such a protection there would be trial by media which no civilised society can and should tolerate.’’

Terming the Bofors case as ‘‘a nefarious example which manifestly demonstrates how the trial and justice by media can cause irreparable, irreversible and incalculable harm to the reputation of a person and shunning of his family, relatives and friends by the society’’, the court said such a person is ostracised, humiliated and convicted without trial.

‘‘All this puts at grave risk due administration of justice,’’ Justice Kapoor observed.