New Delhi: The Europe-based Hinduja brothers on September 29 asked the Delhi High Court to set aside the trial court order framing charges against them in the Bofors pay-off case, saying there was no evidence to suggest that they had entered into a criminal conspiracy with former Prime Minister Rajiv Gandhi to get the Rs 1,437 crore contract awarded to the Swedish arms manufacturer.

There was nothing to suggest that the Hindujas contacted former Prime Minister Rajiv Gandhi or his Defence Secretary S K Bhatnagar to secure the deal for Bofors nor did they make any misrepresentation to the government in this connection, Hindujas' counsel Ram Jethmalani told Justice J D Kapoor.

Justice Kapoor is hearing appeals filed by accused Hinduja brothers - Srichand, Gopichand and Prakashchand - and the Bofors company challenging the November 2002 order of Special Judge Prem Kumar framing charges against them in the Rs 64 crore pay-off case.

Regarding the payments received by the Hindujas from Bofors, he said it was under the 1979 counter- trade agreement with the Swedish company, which did not relate to the gun deal.

Jethmalani submitted that the alleged conspiracy to get the Howitzer gun deal awarded to Bofors concluded in March 1986 and the post-conspiracy conduct of deceased public servants - Gandhi and Bhatnagar - in allegedly scuttling probe by Sweden could not be read against Hindujas as it was not admissible under Indian Evidence Act.

Under Section 8 of the Act, the conduct of only a person who was a party to the proceedings was relevant and not the same of those who were not party thereto, he said.

PTI