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Monday, November 1, 1999

Bofors olive branch -- Congress may still get the stick

AJAY SURI  
NEW DELHI, OCT 31: With L.K. Advani late last night extending the ``olive branch'' as a senior Congressman described it to Sonia Gandhi, things have started moving afresh on the Bofors charge-sheet front. Top Home Ministry sources disclosed that the Government's legal department has been entrusted with the job of looking into all aspects relating to the relevance of Rajiv Gandhi's name in the charge-sheet.

While observers are still trying to fathom what really prompted Advani to come out with the dramatic and unexpected statement on Bofors in the Lok Sabha, the Congress camp has taken the path of extreme caution. Not surprisingly, therefore, its hope is tinged with apprehension. Deputy Leader of the Opposition in the House, Madhavrao Scindia, told The Indian Express today: ``The Home Minister's statement seems to indicate that we have been able to convey our anguish to the Government."

"However, if this is true, then they should do something about it. At the very outset, Rajiv's name should be taken offthe charge-sheet,'' Scindia added.

But at the same time, a section of senior officials in the North Block point out that the Congress's hopes or for that matter anybody's who is interested in clearing Rajiv's name may be misplaced as the legal position in such matters is not too flexible. According to a well-known constitutional and criminal lawyer Arvind Jain, even if the CBI approaches the special judge for deletion of Rajiv's name, it is the latter's prerogative to do so.

Most criminal lawyers agree on one point though: in the pre-trial stage (that is, till the special judge takes cognizance of the charge-sheet), there may be a way out for separating Rajiv from the charge-sheet. But once the judge takes cognizance and the case moves on to the trial stage, even this option is closed to the prosecuting agency.

So far, the special judge has not taken cognizance of the charge-sheet. And this is what is giving fresh hope to the Congress.

As Scindia stressed, ``There is a feeling that if theGovernment wants to do something, it must do so now. The cognizance of the charge-sheet has not yet been taken.''

Congress observers, interestingly, indicate that they are already expecting ``something of the sort'' from the Government. If they are to be believed, both the Prime Minister and the Home Ministry offices were contacted discreetly during the past few days. ``They were told in no uncertain terms the folly of pursuing this particular path,'' a senior party leader disclosed.

What really transpired behind the scenes between the Congress and the Government camps is still clouded in mystery.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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