Bofors case: Prima facie evidence found, charges to be framed

Besides this, AB Bofors will be charged with offences of cheating and conspiracy. According to the 176-page order, additional charges would be framed against Bofors for making a false document and forgery under the IPC.

The court will formally frame charges against the accused tomorrow and will give them the opportunity to plead guilty to the charges or go to trial.

Today’s development comes after two months of daily arguments in the Rs 1437-crore gun deal with the Swedish company. The court, in its order, said that Bofors had ‘‘dishonestly led the government to believe that its gun system was the cheapest and the best’’ and there were no agents in the deal and ‘‘thereby induced the government’’ to award the deal to it.

However, contrary to the assurance given to government, Bofors engaged agents and cheated it of Rs 64 crore, the commission paid to the middlemen. Pointing to the role of the brothers the court said, ‘‘they tried their level best to conceal their identities by resorting to secret, complicated and complex procedures but the material collected by the CBI prima facie goes to show their involvement of having received the payments as commissions.’’

Describing this as a‘unique case’ involving serious allegations of abuse of position by public servants in high office, the court agreed with the CBI counsels US Prasad and Naveen Matta that there was sufficient material on record to frame charges against the accused.

After the court proceedings, counsel for Hinduja brothers Amit Desai and Ashok Arora stated that they would be contesting the court order.

If the accused do not plead guilty as was indicated by their counsels, the court would proceed with the trial, during which they will get an opportunity to scrutinise the evidence against them and cross-examine the witnesses cited by CBI in its chargesheet.

Two chargesheets were filed in the sensational case, in October 1999 and in 2000.