Bofors charge sheet scrutiny today
Tribune News Service and agencies

NEW DELHI, Nov 3 — A Delhi court today asked the Central Bureau of Investigation to bring the original documents supporting the Bofors charge sheet tomorrow and deferred its scrutiny till then.

The Special Judge, Mr Ajit Bharihoke, said today he wanted to peruse the original papers of the documents which the CBI filed to support the charge sheet in which it accused five persons, including former Prime Minister Rajiv Gandhi. However, the CBI has not sent up his name for trial as he is no more.

The CBI, represented by Mr Natarajan as the Special Public Prosecutor, said the bureau did not bring the original papers concerning the case due to security reasons.

The case relates to the allegations of kickbacks received in the Rs 1,436 crore Bofors field guns deal which the government entered into with the Swedish arms manufacturer M/s AB Bofors in 1986.

Others accused in the case include former Defence Secretary, S.K. Bhatnagar, former Bofors agent Washeswar Nath Chadha, Italian business representative Ottavio Quattrocchi, Swedish arms manufacturer Martin Ardbo and M/s AB Bofors, the arms firm.

Earlier, the judge perused certain documents brought by the CBI for almost an hour and then asked the agency to bring the originals to the court tomorrow.

Mr Natrajan along with other CBI officials was closeted with the Special Judge in the latter’s chamber for half-an-hour.

Mr Natrajan later told reporters "the court takes cognisance of a charge sheet only after perusing the original documents and there is nothing unusual about it".

Several mediapersons, including TV crew, waited outside the court since morning for today’s news event but the case was rescheduled for the post lunch session.

The investigating agency alleged that Quattrocchi’s A.E. Services received $ 7.3 million while Chadha’s Swenska got $ 27 million as kickback from A.B. Bofors for helping the latter in getting the contract in March 1986.

It had said investigations were on to ascertain the role of Quattrocchi’s wife Maria, Win Chadha’s son Harsh and three of the Hinduja brothers in the 155mm Howitzer gun deal in which the company allegedly paid Rs 64 crore as bribe to clinch the contract despite clear warnings from the Indian Government that there would be no middlemen in the deal.

The CBI said it was also probing the role of Hinduja brothers — G.P. Hinduja, Prakas Hinduja and Srichand, Hinduja — and others and had sent letters rogatory to Switzerland, Sweden, Panama, Luxembourg, Bahamas, Jordan, Liechtenstein and Austria in this regard.

The accused had been charged with criminal conspiracy, cheating and various other Provisions of the prevention of Corruption Act.

The CBI said investigation conducted in India and abroad showed the accused were "party" to a criminal conspiracy with some others during 1985-87, the object of which was to get the 400 field guns contract awarded to AB Bofors by the Indian Government.

The extradition treaty signed between India and the United Arab Emirates (UAE) 10 days ago will help in bringing former Bofors agent Win Chadha to Delhi to face trial in the Bofors kickbacks case, according to former CBI Joint Director K. Madhavan.

Win Chadha, among the six named as accused by the CBI in the charge sheet in the Bofors case, has been staying in Dubai ever since the news broke out about the alleged payment of kickbacks in the Rs 1,436 crore gun deal with Swedish arms manufacturer AB Bofors in 1986.

The CBI has been unable to secure his arrest for interrogation in the case despite letters rogatory issued by a Delhi court and a red corner notice of Interpol.

Mr Madhavan, who resigned as Joint Director following differences with the then CBI Director Mr S.K. Dutta, said today it would be "very difficult, if not impossible" for the government to get the name of former Prime Minister Rajiv Gandhi deleted from column two of the charge sheet where he is named as an accused but not recommended for trial as he is no more.

Section 321 of the CRPC allows the public prosecutor to withdraw the name of any person being tried after securing permission from the central government and with the consent of the court, Mr Madhavan said.

"However, Mr Rajiv Gandhi is neither prosecuted nor tried in the Bofors case," he explained.

Asked whether deleting the name of Rajiv Gandhi would weaken the CBI case, Mr Madhavan said this would become clear only after the examination of the witnesses.

Home Minister L.K. Advani recently made a statement in the Lok Sabha that the government would look into the demand for deletion of Mr Gandhi’s name from the charge sheet. The demand had been made in the House by Congress president Sonia Gandhi while speaking on the motion of thanks to the President’s Address to the joint sitting of Parliament.