Rajiv principal’ conspirator in Bofors case — Govt

The petition seeking deletion of Rajiv’s name from the chargesheet filed by the CBI on October 23, was filed by Rajiv Gandhi Ekata Smiti (RGE) which claimed that his name was placed in Column-II of the chargesheet with a "malafide" intention to "malign him and tarnish his image".

The ASG making a forceful plea for dismissal of the petition contended that there was no intention to "malign or defame" the former Prime Minister and his name was put in the chargesheet under legal obligation by the CBI as per the procedure prescribed under Criminal Procedure Code (CrPC).

"If CBI had failed to mention his name in Column-II of the chargesheet it would have been guilty of dereliction of duty. In that case certain necessary information would have been withheld from the court," Jaisinghani said adding that Gandhi’s name would have figured in Column-I, meant for the accused who are sent for trial.

But his name had been kept in Column-II because CBI was not seeking his trial."

The court after hearing over six hours long arguments on maintainability of the petition even before issuing notice to the Government and the CBI, reserved its order and would decide whether the RGE had a locus standi (right to challenge) the CBI chargesheet and any cognizance needed to be taken to its plea.

The ASG said the whole case would collapse if Gandhi’s name was deleted from the chargesheet and that would benefit the accused against whom the trial was sought by the CBI.

Strongly opposing the locus standi of RGE to move the high court for deletion of Gandhi’s name from Column-II of the chargesheet, Jaisinghani said only the immediate members of the late premier’s family could have some "right" to move the court otherwise, the law is "total stranger" to a third party intervention in a criminal case.

Since Gandhi’s wife (Sonia Gandhi) who is active in politics and the leader of the Opposition and his daughter and son had not thought it fit to move the court, what is the right of the present petitioner and how they are aggrieved, the ASG asked.

Stating that the CBI had been consistently following the same procedure of keeping the names of "dead persons" not sent for trial in Column-II, Jaisinghani produced four chargesheets including the Indira Gandhi murder case in which assassin Beant Singh’s name was also placed in the same column.