A division bench comprising Chief Justice S N Variava and Justice S K Mahajan, during argument on a public interest writ seeking speedy investigation into the case, observed that without political will, the investigating agency could do little in such cases.

"The problem is that the investigating agency (CBI) is under the Government," the bench said, while directing it to file a status report on the progress of investigation within four months.

To a court's query on whether the Central Bureau of Investigation had recorded the statement of former prime minister V P Singh, Additional Solicitor General (ASG) R N Trivedi said he was yet to be questioned by the agency.

Petitioner-advocate B L Wadhera had sought Singh's examination on the ground that he had made a statement regarding the HDWdeal before the Jain Commission, which looked into the conspiracy aspect of Rajiv Gandhi assassination.

Singh, as Defence Minister in the Rajiv Gandhi Government, had ordered an inquiry into the deal after receiving a telegraphic message from the then Indian ambassador in Germany that at least seven per cent commission was paid to middlemen in the HDW contract.

Trivedi said the probe had to be carried out in Germany and Switzerland where letters rogatory were sent by a special court here long ago. "Unless authorities in these countries cooperate it is difficult to get information," he said.

He said the Swiss authorities in the latest communication had stated that they were overburdened and could not expedite the matter just yet, while no fresh reply was received from Germany.

The CBI had registered a first information report on March 5, 1990 when Singh was Prime Minister and named former defence secretary S K Bhatnagar, former additional secretary, Defence, S S Sidhu, former director, Submarines, innaval headquarters M Kondath, former additional financial adviser to the Ministry of Defence B S Ramaswamy and former vice chief of Naval staff M R Schunker as accused.

Other named in the FIR are non-resident Indian businessman Gopichand Hinduja, HDW company, another German company AEG Telefonken and a Delhi-based firm Roger India Private Limited.

The kickbacks were allegedly routed through secret Swiss bank accounts.