Delhi HC clean chit to Rajiv Gandhi in Bofors case

The Delhi High Court gave a clean chit to late Prime Minister Rajiv Gandhi in the Bofors pay-offs scandal and quashed the framing of charges against the Europe-based Hinduja brothers under the Prevention of Corruption Act in the case.

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

He made these remarks in reference to some observations made by a lower court judge.

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.

The judge observed that a magistrate was empowered to try the offence of cheating and conspiracy. The court also quashed against them the charge of abatement under the Indian Penal Code (IPC).

The high court also upheld the charges of fabricating documents under Section 465 of IPC against Swedish company AB Bofors, which supplied the Howitzer field 155mm guns.

Justice Kapoor, after delivering the judgment, directed that the files be sent to the court of chief metropolitan magistrate instead of the sessions court, which was trying the case earlier because a magistrate was empowered to try the offence of cheating and conspiracy.

The high court fixed February 23 for the beginning of the trial before the magisterial court.