NEW DELHI, OCT 22: The Central Bureau of Investigation's (CBI) first chargesheet in the Bofors case highlights alleged attempts towards a cover-up of the investigation as much as the various acts of omission and commission by the accused.As first reported by The Indian Express, the CBI filed a chargesheet on Friday in the court of Special Judge Ajit Bharihoke, against Italian businessman Ottavio Quattrocchi, Bofors agent Win Chadha, President of AB Bofors Martin Ardbo and former defence secretary S K Bhatnagar.
Former Prime Minister Rajiv Gandhi is listed as an ``accused not sent up for trial'' since he is dead. But his alleged role in pushing through the Rs 1,437-crore deal and in trying to scuttle the probe has been repeatedly emphasised. According to the chargesheet, investigation is ``going on'' into the role of others, including the Hindujas.
As circumstantial evidence, the CBI has cited the fact that Quattrocchi, Chadha and the Hinduja brothers were appellants in Swiss courts and weretherefore trying to stall the transfer of documents to India. Also, the transfer of huge sums of money -- from one bank account to another -- by Chadha and Quattrocchi has been seen as ``avoiding detection and evading the process of law.''
The CBI has argued its case of criminal conspiracy saying that in May 1985, defence secretary Bhatnagar apprised all suppliers that a decision had been taken to do away with commissions to defence agents. Among those informed was Martin Ardbo of AB Bofors, who did not inform the Ministry of Defence (MoD) that they were disassociating themselves from Win Chadha, their agent in India. The CBI alleges that Bhatnagar ``did not choose'' to obtain this clarification.
The chargesheet says that Quattrocchi -- called the Italian ``family friend'' of Rajiv Gandhi -- tied up with Myles Stott of AE Services in England, which was to get 3 per cent of the value of the gun contract on a pro-rata basis.
Shortly thereafter, on March 13, 1986, the MoD issued a Letter of Intent toBofors hastily approved by the bureaucrats and by Rajiv Gandhi who was also then Defence Minister. The Bofors gun, the CBI says, was ``suddenly'' chosen over the French Sofma, despite the fact that the French package would be less expensive.
On attempts to scuttle the probe, the CBI says that once Swedish Radio reported the kickbacks, Bofors tried to deny the allegations but the Indian Ambassador in Stockholm (B N Oza, who has written this in his book) persisted in asking for a probe. But Rajiv Gandhi spoke directly to Swedish Prime Minister Olof Palme telling him a probe would be redundant. The Ambassador, the CBI notes, was kept in the dark till he was told about Rajiv's intervention by Palme himself.
Yet another aspect of the alleged cover-up, the chargesheet says, was the manner in which Rajiv Gandhi tried to scuttle the visit of Bofors officials to India after the Swedish Audit Bureau confirmed the kickbacks. Among those who were for pursuing the matter was then Minister of State for Defence ArunSingh. He was inclined to ask for a disclosure of names of recipients and alternatively to cancel the contract. MoD officials called top Bofors officials to India. The team was scheduled to arrive on July 6, 1987, and even their visas had been issued. It was at this stage that Rajiv Gandhi ``stalled'' the visit, saying that a Joint Parliamentary Committee had already been set up.
Bhatnagar has been implicated by the CBI for another blatant attempt at cover-up. In July 1987, Rajiv Gandhi sought the views of Army Chief General R Sundarji on the cancellation of the Bofors contract. General Sundarji said he was in favor of a cancellation and was even prepared to take a ``calculated risk'' in terms of national security in the event of a cancellation. CBI investigations have revealed that this note was withheld by Bhatnagar, who after a week or so, requested the General to alter his recommendation for cancellation of contract. But General Sundarji stood firm.
On the trans-continental chase to trace thepay-offs, the CBI says investigations revealed that Bofors entered into a fresh consultancy agreement with AE Services through Quattrocchi and on September 3, 1986, got $ 7.3 million (3 per cent of the advance paid to Bofors) transferred to a bank in Zurich. From here the money was routed into bank accounts of Colbar Investments, Wetleson Overseas in Switzerland and an account in Guernsey Islands, all controlled by Quattrocchi and his wife Maria. Almost $ 9.2 million had moved in 10 days to various accounts in Switzerland and Austria.
On the Svenska payments, CBI says it now has proof that Bofors had entered into a consultancy agreement with the Panama-based company in 1986, to corner a similar 3.2 per cent commission on contracts.
Investigations revealed that Chadha had the power of attorney with full rights to open and operate Svenska's bank accounts. Documents with the CBI show that a total of $ 27 million was paid by Bofors to Svenska, which in turn had been credited to Chadha's account inGeneva.
In all, the CBI says it examined 2,500 pages of documents and examined 83 witnesses before filing its chargesheet. But this was evidently the first salvo since the agency has clarified that its probe into the role of the Hindujas -- G P Hinduja, Prakash Hinduja, Srichand Hinduja -- is going on. So also is the probe into the role of Hersh Chadha and Maria Quattrocchi.
Leads are also being pursued via Letters Rogatory in Switzerland, Sweden, Panama, Luxembourg, Bahamas, Jordan, Liechtenstein and Austria.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.