Reversing its stand on the Bofors case in barely four months, the Supreme Court today stayed the trial against the Hinduja brothers that was due to begin in another two days.A bench headed by Chief Justice of India G B Pattanaik granted the stay in the face of vehement protests by the CBI counsel, Solicitor General Kirit Raval, that the Bofors accused should not be shown any ‘‘special dispensation’’ and that ‘‘the Supreme Court is not meant for the Hindujas.’’Pattanaik’s bench superceded an order passed in July by another bench headed by the earlier Chief Justice, B N Kirpal, staying the operation of a Delhi High Court judgment quashing the chargesheet filed by the CBI against the Hindujas.On an appeal filed by the CBI, Kirpal’s bench held then that the High Court order was ‘‘completely unsustainable’’ and revived the proceedings in the trial court against the Hindujas. It was on the basis of the July stay order that the trial judge, Prem Kumar, framed charges last month against the Hindujas and fixed the trial to begin on December 4.The stay today on those very proceedings followed an application filed by the Hindujas on November 30, which being a Saturday was a holiday for the Supreme Court. Therefore, Raval pointed out that, in a special dispensation, the apex court fixed today’s hearing on November 29 even before the Hindujas actually filed their application. The date was fixed merely on an oral mention by the counsel for the Hindujas, former law minister Ram Jethmalani. Narrating this sequence of events, Raval said ‘‘Such a procedure is unheard of and if I don’t point this out I would be failing in my duty as the solicitor general of India.’’Jethmalani alleged that the solicitor general’s submissions amounted to contempt of the court.The application filed by the Hindujas urged the court to stay the trial proceedings till the CBI’s appeal against the high court verdict was not disposed of.Raval pleaded that the CBI be given at least a week to reply before the Supreme Court takes any decision on the Hindujas’ application. But the bench chose to stay the trial without waiting for the CBI’s reply and adjourned the hearing on the Hinduja’s application by four weeks. So today’s stay is likely to be in force for at least a month.As for the CBI’s appeal against the high court judgment, the court indicated that it was in no hurry to deal with it as priority would be given to cases where the accused are languishing in custody. The CBI appeal may be listed for final disposal on March 11 next year before a bench headed by the then chief justice, Justice V N Khare.Earlier, Raval also drew the court’s attention to a solemn assurance given by the Hindujas in October before yet another bench of the apex court, headed by Justice M B Shah, that they would not ask for any stay on the trial. This assurance was given in order to secure permission for all the three Hinduja brothers to celebrate Diwali abroad.
