Supreme Court Rejects Plea Against Hindujas, Brings Bofors Case to a Close

Supreme Court Ends Bofors Case, Rejects Plea Challenging Acquittal of Hinduja Brothers

The Supreme Court on Thursday dismissed a petition challenging the 2005 Delhi High Court verdict that had quashed criminal proceedings against the late Hinduja brothers and Swedish defence manufacturer AB Bofors in the decades-old Bofors corruption case, effectively bringing the long-running legal battle to an end.

A Bench of Justice JB Pardiwala and Justice K Vinod Chandran refused to entertain the appeal filed by advocate Ajay K. Agrawal, observing that there was no reason to reopen a case that had already been settled by the courts.

During the hearing, Agrawal sought four weeks’ time to amend the petition by removing the names of Srichand P. Hinduja and Gopichand P. Hinduja, both of whom have passed away. The Bench declined the request, indicating that the matter could not be kept pending any longer.

Justice Pardiwala questioned the purpose of pursuing the litigation when the Delhi High Court had already quashed the proceedings in 2005 and the CBI’s challenge to that decision had also been dismissed.

What the 2005 Delhi High Court Judgment Said

In its May 31, 2005 judgment, the Delhi High Court cleared Srichand, Gopichand and Prakash Hinduja, along with AB Bofors, of all criminal charges linked to the alleged kickbacks in the 1986 artillery gun deal.

The High Court held that the prosecution had failed to establish any direct involvement of the Hinduja brothers in securing the contract or prove that the funds allegedly received by them were illegal commissions. It also found significant shortcomings in the evidence collected by the Central Bureau of Investigation (CBI).

The court observed that several documents obtained from Swedish authorities were neither original records nor properly authenticated copies, making them unreliable as evidence. It further remarked that continuing the prosecution on the basis of such material would be unjust and a waste of public resources.

The judgment also criticised the CBI’s investigation, which reportedly cost the exchequer around ₹250 crore, and ordered the discharge of the accused, ending a legal battle that had continued for nearly 14 years.

Previous Supreme Court Ruling

The Supreme Court had already dealt a major setback to attempts to revive the case in November 2018, when it dismissed the CBI’s appeal against the Delhi High Court judgment. The apex court cited an unexplained delay of 4,522 days in filing the appeal.

The Bofors Scandal

The Bofors controversy dates back to 1986, when the Indian government signed a ₹1,437-crore deal with Swedish arms manufacturer AB Bofors for the purchase of 400 howitzers. The following year, allegations emerged that illegal commissions had been paid to influential Indian politicians and defence officials to secure the contract, triggering one of India’s biggest political scandals.

With its latest order, the Supreme Court has effectively closed the final legal chapter in the Bofors case, ruling out any further challenge to the acquittal of the Hinduja brothers and AB Bofors.