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The Supreme Court on Friday stayed the Delhi high court order quashing the charge sheet against three Hinduja brothers, who are accused in the Rs 6.4 million Bofors payoff case.
A three-judge bench comprising Chief Justice B N Kirpal, Justice K G Balakrishnan and Justice Arijit Passayat directed that the trial in the case would continue.
The bench said, "We are staying the operation of the high court judgment and all proceedings in the matter will go on."
This order was passed on the appeal filed by the Central Bureau of Investigation against the order of the high court which has quashed the charge sheet against Hindujas -- Srichand, Gopichand and Prakashchand -- on the ground that CBI had not taken the mandatory permission from the Central Vigilance Commission before filing the charge sheet against them.
The case will come up for hearing on July 29.
Hindujas' counsel Kapil Sibal requested the court that though the judgment can be stayed, the proceedings before the trial court should not go on, as it would cause prejudice to the accused.
The bench said, "We are convinced that this judgment is completely unsustainable. The Vineet Narayan judgment was not meant for this."
When Sibal said the case is fixed before the trial court for framing of charges and submitted that the trial court should not frame charges, the bench said, "Let the charges be framed. If the judgment is not stayed and proceedings are not allowed to go on, then no prosecution will succeed in this country."
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