2005 (5) TMI 683 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of charges framed against the Hinduja Brothers.
2. Admissibility and authenticity of documents forming part of Volume 22.
3. Prosecution's handling and presentation of evidence.
4. Impact of prolonged investigation on the accused.

Detailed Analysis:

1. Validity of Charges Framed Against the Hinduja Brothers:
The Hinduja Brothers challenged the charges framed against them under Section 120B read with Section 420 IPC and other sections of the IPC and Prevention of Corruption Act. Initially, the High Court quashed charges under the Prevention of Corruption Act and bribery under the IPC but upheld the charge of conspiracy to cheat under Section 120B read with Section 420 IPC. The Magistrate later framed a substantive charge under Section 420 IPC, which was set aside by the High Court, directing the Magistrate to frame charges strictly in accordance with the earlier directions.

2. Admissibility and Authenticity of Documents Forming Part of Volume 22:
The documents in Volume 22 were crucial for framing charges but were found to be photocopies provided by the Editor of 'The Hindu' without proper authentication. The court noted that these documents were not certified copies as required under Section 76 and Section 78 of the Indian Evidence Act. The prosecution admitted that the originals were not available, and the photocopies lacked the necessary certification to be admissible as evidence. The court concluded that without these documents being proven by satisfactory secondary evidence, proceeding with the trial would be unjust.

3. Prosecution's Handling and Presentation of Evidence:
The prosecution's inability to produce original documents or authenticated copies was a significant issue. The court highlighted that the documents were not received in execution of Letters Rogatory as claimed but were instead provided in response to a request from the CBI. The court criticized the prosecution for creating a misconception about the origin and authenticity of these documents, which justified recalling the previous orders directing the framing of charges.

4. Impact of Prolonged Investigation on the Accused:
The court acknowledged the extensive suffering endured by the accused due to the prolonged investigation, which lasted 14 years and cost the exchequer nearly 250 crores. The accused faced emotional distress, ruined careers, and significant economic loss. The court expressed hope that the investigating agency would act more responsibly in the future.

Conclusion:
The court quashed all proceedings against the Hinduja Brothers and the Bofors Company, discharging them from the case. The bail bonds and surety bonds were also discharged. The court emphasized the importance of fair investigation and prosecution, highlighting the need to prevent miscarriages of justice due to procedural lapses and the presentation of unauthenticated evidence.