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Bofors case crumbles under its contradictions
1 June, 2005: A protracted legal wrangle that went on and on for eighteen long years has ended up as a cipher, as the Delhi High Court acquitted three Hinduja Brothers in the sensational Bofors case.
The case relates to the alleged kickbacks in a 1986 arms deal in which the Indian Army procured 155-mm Howitzers from Swedish firm A B Bofors. The deal was worth 1437.72 crore that time. The kickbacks were sighted to be to the tune of Rs 64 crore, but the probe cost Rs 250 crore, in a time span of 18 years.
The HC ruled that the prosecution has failed to prove that the Hinduja Brothers – Gopichand,
Prakashchand and Srichand – were linked to the kickbacks in the Bofors deal, which led to the ouster of late Indian Prime Minister Rajiv Gandhi from power. The court later gave Rajiv a clean chit. Three of the accused - former arms dealer Win Chaddha, ex-Defence Secretary S K Bhatnagar and former Bofors honcho Martin Arbdo - died during the course of the probe.
The court held that the country’s premier investigation agency the Central Bureau of Investigation came a cropper in producing the relevant documents and hence the case can't stand on its legs.
“No case can be proceeded against the Hindujas or the Bofors company in the absence of original documents. I quash the framing of charges by the Chief Metropolitan Magistrate against the Hinduja brothers and the A B Bofors company,” Justice said while delivering a 22-page judgment.
“Based on this dubious material, to allow prosecution for many more years, in respect of a transaction of more than 20 years vintage, is sheer persecution, waste of public time and money.”
With this, the lone remaining accused in the case is Italian business tycoon Ottavio Quattrocchi. The CBI’s umpteen efforts to extradite Quattrocchi have failed so far.
“We will legally examine the judgment and decide on the further course of action,” a CBI spokesman said.
The future and the legal course of the case is now a foregone conclusion.
Chronology of a case that crumbled
Mar 24, 1986: The Rs 1437 crore deal between Indian Government and Swedish arms manufacturer A B Bofors for supply
of 400 howitzer field guns of 155mm to Indian army.
Apr 16, 1987: Swedish radio claims Bofors paid kickbacks to top Indian politicians and defence officials.
Apr 20, 1987: PM Rajiv Gandhi assures Lok Sabha that neither any middleman was involved in the deal nor
any kickback was paid.
Aug 06, 1987: Joint Parliamentary Committee set up under B Shankaranand to probe charges of kickbacks.
April 25, 1988: jpc submits its report.
Jul 18, 1989: JPC report presented in Parliament.
Jan 22, 1990: cbi registers fir in the case.
Dec 1992: Supreme Court reverses a Delhi High Court order quashing the FIR in the case.
Jan 21, 1997: Secret documents running into over 500 pages given to indian
authorities.
Feb 12, 1997: letters rogatory issued to Malaysia and UAE seeking arrest and extradition of Italian businessman Ottavio Quattrocchi and former Bofors agent win chadha.
May 1998: Delhi HC rejects Quattrocchi's plea for quashing of red corner notice notice issued by Interpol at the behest of CBI.
Oct 22, 1999: CBI files first chargesheet naming Win Chaddha, Quattrocchi, former defence secretary S K Bhatnagar, former Bofors chief Martin Ardbo and the company AB Bofors.
Nov 07, 1999: trial court issues warrant against quattrocchi while summoning other four accused.
Dec 13, 1999: CBI team goes to Malaysia to seek extradition of Quattrocchi but fails in its efforts.
Mar 18, 2000: Chadha comes from UAE to face trial.
Jul 29, 2000: Special CBI court issues "open non-bailable arrest warrants" against Ardbo.
October 9, 2000: CBI files supplementary chargesheet naming Hinduja brothers as accused in the Bofors gun deal.
December 20, 2000: Quattrocchi arrested in Malaysia, gets bail but is asked to stay within the country.
August 6, 2001: Former defence secretary Bhatnagar dies of cancer.
October 24, 2001: Win Chadha dies of heart attack at his New Delhi residence.
November 15, 2002: Hinduja brothers formally charged with cheating, criminal conspiracy and corruption.
December 2, 2002: Malaysian court denies permission for Quattrocchi's extradition.
July 28, 2003: Britain freezes Quattrocchi's bank accounts.
January 4, 2004: Swiss authorities agree to consider CBI's request for
providing Quattrocchi's bank details.
February 4, 2004: Delhi High Court clears Rajiv Gandhi of involvement in the Bofors kickbacks scandal.
May 31, 2005: Delhi High Court clears Hindujas of involvement in the scandal.
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