New Delhi: The Delhi High Court on February 6 issued notice to Central Bureau of Investigation (CBI) on a petition by Hinduja brothers seeking quashing of charges framed by a special court against them in the Rs 64 crore Bofors pay-off case.

Directing the agency to file reply, Justice O P Dwivedi said the matter would be heard along with a similar petition filed by the Swedish arms manufacturer A B Bofors on March 20.

Senior advocate Ram Jethmalani appeared for the Hinduja brothers.

The court also issued notice to the CBI on an application by A B Bofors company in which additional ground was mentioned and sought to be tagged with the main petition seeking quashing of charges framed against it.

CBI counsel R K Dutt accepted both the notice.

In the application, Bofors' counsel Alok Sengupta submitted that CBI in a Letters Rogatory to the Swedish government had mentioned that the company A B Bofors has not been cited as an accused in the case.

This was based on the proposition of Law that the body corporate/company which is not a natural person and has no mind of its own could not be prosecuted, he submitted.

Special judge Prem Kumar on November 15 had framed charges against the three Europe- based brothers - S P Hinduja, G P Hinduja and P P Hinduja -along with the Swedish arms firm for criminal conspiracy, cheating and corruption in the Rs 1472.72 crore deal awarded to Bofors in March 1986.

However, on December 2, Supreme Court had stayed the trial proceedings against the Hindujas on the ground that the CBI had filed an appeal in the apex court against the High Court order quashing the chargesheets filed by the agency against them.

PTI