Top court formally dismisses final plea reviving Bofors scandal

India's top court firmly dismissed another petition looking to restart criminal proceedings in the historic Bofors scandal on Thursday. Justices JB Pardiwala and K Vinod Chandran rejected an appeal from advocate Ajay K Agrawal, which challenged a 2005 Delhi High Court order that originally cleared all charges against the Hinduja brothers and Swedish arms maker AB Bofors. This decision effectively ends any future legal efforts to prosecute those involved in the decades-old controversy.

Decades of legal battles reach an end

During Thursday's hearing, Agrawal asked for four weeks to remove the names of Srichand P Hinduja and Gopichand P Hinduja from his petition because both men have passed away. Justices refused to grant this extra time. They indicated that dragging out the matter serves no logical purpose. Justice Pardiwala openly questioned what was left to decide. He reminded the petitioner that the Delhi High Court had already thrown out the case in 2005. Furthermore, the Central Bureau of Investigation failed to successfully appeal that verdict in 2018. Back then, the top court threw out the government agency's appeal due to an unexplained delay of 4,522 days.

Tracing roots of an expensive investigation

Looking back at the political landscape of the late 1980s, this arms deal completely reshaped Indian national politics and sparked long-running debates about defense procurement transparency. The entire controversy stems from a Rs 1,437-crore contract signed on March 24, 1986. The Indian government agreed to buy 400 howitzers from Swedish defense firm AB Bofors. Trouble erupted in 1987 when Swedish Radio claimed illegal commissions went to Indian politicians and defense officials to secure the deal.

Lack of evidence and heavy financial costs

On May 31, 2005, the Delhi High Court officially cleared Srichand, Gopichand, and Prakash Hinduja, along with AB Bofors. Judges pointed out serious flaws in the prosecution's evidence. They concluded that investigators failed to show any direct link between the Hinduja brothers and the 1986 gun deal. The court also noted that the agency brought unauthenticated copies of documents from Swedish authorities instead of original records. Using such weak material wasted public time and money, the court observed. Reports suggest the overall investigation cost the public exchequer roughly Rs 250 crore. Ultimately, the brothers were discharged, their bail bonds returned, and a 14-year legal struggle officially concluded.