New Delhi: The controversial Swedish arms manufacturer A B Bofors, that supplied 155 mm Howitzer guns to India, claimed on August 28 before the Delhi High Court that it cannot be prosecuted for criminal conspiracy and cheating as "a body corporate does not have a mind of its own".

"To commit the offences of criminal conspiracy and cheating you have to have a mind of your own. A body corporate is only a juristic person which does not have a mind," Bofors counsel Alok Sengupta told Justice J D Kapoor and asked, "How can a company be prosecuted for conspiracy?"

Bofors has challenged the November 2002 order of Special Judge Prem Kumar framing charges against it in the Rs 64 crore Bofors pay-off case.

Sengupta submitted that the company could not be held liable for the "acts" of Martin Ardbo, the then chief executive of the company.

In its chargesheet filed in October, 1999, Central Bureau of Investigation (CBI) accused Bofors of engaging middlemen to secure the Rs 1,437 crore deal for the supply of 400 Howitzer guns in violation of the terms and conditions of the contract signed in March 1986.

Ardbo was also chargesheeted in the case alongwith Italian businessman Ottavio Quattrocchi, Win Chadha and former Defence Secretary S K Bhatnagar for allegedly being part of the conspiracy. Chadha and Bhatnagar have expired and the trial against them has abated while CBI is yet to secure the presence of Ardbo and Quattrocchi.

PTI