The choice for obtaining the said gun system guns was short listed in December, 1982 to 1 M s. Sofma of France 2 M s. A.B. Before of Sweden briefly called Before 3 M s. International Military Services of U.K. and 4 M s. Voest Alpine of Austria.
c direct the companyrt that numberrequest for rogatory letters be made to Swiss Government, till the petitioner is heard on his application.
b or remand the case to the Special Judge permitting the petitioner to argue his case before the lower companyrt and also direct the companyrt below to decide the petition on merits.
On being aggrieved by the order of the Special Judge dated August 18, 1990, Shri Harinder Singh Chowdhary filed a criminal revision before the High Court of Delhi under Sections 397/482 of the CrPC raising multiple questions of law challenging the legality and validity of number only the impugned order but also the very registration of the FIR and the investigation carried thereon by the CBI.
RC 1 A /90/ACU IV dated January 22, 1990 and criminal proceedings companyered by the same.
e direct the learned Special Judge number to issue any rogatory letter on the formal request of the CBI unless the allegations against named persons is established to the satisfaction of the Special Judge by companyent evidence.
Chadha alias Win Chadha, S o Shri Assa Nand, President of M s. Anatronic General Corporation Anatronic General Companies Ltd., C/4, Main Market, Vasant Vihar, New Delhi and Shri G.P. Hinduja, New Zealand House, Hay Market, London SW 1.
The JPC submitted its report on 22nd April 1988 with its companyclusion, the resultant portion of which reads as follows to xii That there is numberevidence to establish that the Before payment totaling SEK 319.4 million involved a violation of any Indian law.
Thereafter, a petition for recusation was filed which was also dismissed.
In place of the members, who resigned and a member who died, these other members from the Lok Sabha were elected.
One other member, Dr. K.G. Adiyodi died and three other members of the Committee ceased to be members of the Committee companysequent on their retirement from Rajya Sabha w.e.f.
While moving the motion, the Minister on 3rd August 1987 after recalling the whole sequence of events stated inter alia as follows Two facts emerged from a careful study of the Report of the Swedish National Audit Bureau.
The Committee numbere that during discussions, in September, 1987 with the Government of India team, the Before officials gave the following information regarding the names of Companies and details of payments made to them by way of winding up charges SVENSKA INC.
There is numberevidence of any other payment having been made by Before for winning the Indian companytract.
1821 of 1990 was listed before Justice M.K. Chawla, the then Judge of the High Court of Delhi, Several applications were taken before him by the impending interveners seeking several prayers such as permitting them to implead themselves in the revision proceedings and affording them adequate opportunities to make their submissions before the Court opposing the revision petition.
This revision petition has been registered as Criminal Miscellaneous Mam No.
The above criminal case Criminal Miscellaneous Main Case No.
Thereafter, the Special Judge issued 1 Note of Compliance and 2 Amended letter rogatory on August 22, 1990.
The Government decided to request the Speaker, Lok Sabha and the Chairman of the Rajya Sabha to set up a Joint Parliamentary Committee hereinafter referred to as JPC to enquire into and establish the identities of the persons who received the payments.
The reliefs sought for in the criminal revision are as follows a to quash the entire FIR No.
16.3.1988.
PANAMA SEK 188.4 million ii MORESCO MOINEAO SEK 81 million in three S.A. PITCO Geneva instalments of SEK 37 million, SEK 12 million and SEK 32 million, iii A.E. SERVICES Ltd., U.K. SEK 50 million It is further seen from the Report of the JPC that Mr. Lars Gothlin, Chief Jurist and Senior Vice President of the Noble Industries was examined by the JPC and during the examination his attention was drawn to a statement of Mr. Thumbhole, Chairman of the Noble Industries, which is the holding companypany of M s. A.B. Before that so far as he was aware, payments had been made to Indians or to an Indian companypany in companynection with the companytract.
The rest of the 11 accused are stated in general as directors employees holders beneficiaries of account companye and public servants of the Government of India.
d the petitioner may be permitted to join during the inquiry to determine the question of dual criminality before the learned Special Judge in the capacity of public interest litigant, and also direct the learned Special Judge to decide the question of dual criminality before issuing the letter rogatory.
1821 of 1990 on the file of the High Court of Delhi.
filed a special leave petition criminal No.
As the prayers of the interveners were number acceded to, the Janata Dal etc.
Of the elected members, two members by name Shri Mahabir Prasad and Smt.
2.4.1988.
Accordingly, the Minister of Defence Shri K.C. Pant moved a motion on 29th July 1987 in the Lok Sabha for appointment of the JPC.
Sumati Oraon resigned w.e.f.
During the hearing of this case, several applications seeking impalement intervention were filed by various political parties and others of whom one was by Mr. Shanti Bhushan, an Advocate of this Bar and another by Mr. N. Ram and so on.
Of companyrse, the Chief Jurist finding himself in a piquant situation, said that the words of Dr. Thumbhole were twisted.
Vide paras 7.41 and 7.56 of the Report of JPC .
