How a botched-up job on Bofors let accused off the hook

Those investigating the matter were quite upbeat. They thought there was enough evidence to prove that middlemen had indeed taken money during the government procurement of Howitzer guns for the Indian military. To most, it was a rather known fact that money was taken. What was needed was evidence on record in the court of law. But then one need not watch a Hindi movie of the 80s to conclude that investigations can suffer procedural hurdles amidst political or materialistic pressures. In fact, where there is an ill-will there is always a way.

In February 2004 — almost 14 years after the First Information Report was filed in the 64-crore scam involving the purchase of 115-mm Howitzers by the Rajiv Gandhi-led Congress government from the Swedish firm AB Bofors — the Delhi High Court observed that the CBI has failed to bring forth any substantial evidence in the case.

It had held that CBI, which has been investigating the matter, had failed to provide anything substantial establishing the role of either Rajiv Gandhi or any other government official in the matter. However, the other accused, including Ottavio Quattrocchi and the Hinduja brothers, were not given a clean chit.

While the court’s observations gave adequate political ammo to the Congress which was gearing up for the upcoming Lok Sabha polls; to cry political vendetta by the ruling NDA coalition, the situation was rather embarrassing for the country’s premier investigating agency.

But sitting at the helm of affairs was US Mishra, the then CBI chief. Mishra, who had tasted success in securing the extradition of Abu Salem from Portugal after proving the gangster’s involvement in a slew of rather complicated cases, was upbeat. He would get Quattrocchi. He was sure.   

Over the next few weeks, the CBI prepared a dossier pertaining to the money trail which was unearthed during investigations. A three-member special team of the CBI was constituted. The team, on a Monday of the last week of April 2004, left for a multi-nation mission to trace the source of money lying in the accounts — two to be specific — of Italian businessman Ottavio Quattrocchi.

The money, which was lying in Quattrocchi’s two accounts  5A51516L and 5A51516M of BSI-AG Bank in London, was allegedly received as a part of the kickback that the Italian businessman got to swing the Howitzer deal for the Swedish armaments manufacturer.

Meanwhile, when the CBI team was out chasing the money trail in foreign territories, the political scenario in India had changed and so did the fortunes of the Congress. Contrary to the projections, the ruling NDA failed to put up the expected performance which brought the UPA coalition back to power in May 2004 with Congress at the helm of affairs.

The CBI, which was being headed by US Mishra then, had claimed that by the time the case was reaching its logical conclusion, certain pressure and interference steered the course of the probe towards dying an inconclusive death.

As the new dispensation took charge of the government, a cloud of uncertainty started looming large over the Bofors case, especially due to the complete disagreement between the CBI and the law ministry on a series of process and procedures.

Papers and documents which were procured from foreign sources, including Bofors, in support of the CBI case during the NDA regime, were not supported before the courts by the Law Ministry under UPA on grounds that their authenticity could not be vouched for.

The interference of the law ministry was so pervasive that even Mishra went on to say the autonomy of CBI was a myth. 

While submission of the government regarding the authenticity of documents led to the discharge of Hinduja Brothers in the earlier half of 2005 from the case, even the CBI was dissuaded by the Law ministry to file a petition challenging the outcome.

In the matter of a few months, things further changed. CBI, subsequently, in January 2006, learnt that the Q accounts were de-frozen and funds from it were withdrawn. Things went cold.

Subsequently down the years, the case was headed for a burial. Quattrocchi was arrested in 2007 in Argentina. But then there was nothing much to be done. In the absence of any extradition request, he was let off. In 2009, the government submitted that all efforts to bring Quattrocchi failed.

As a matter of fact, CBI could not pursue the matter, the government submitted. Finally, towards the end of the same year, CBI sought to withdraw the case against the last remaining accused — Ottavio Quattrocchi.

Speculation is now rife that the Bofors case might see a logical end amidst fresh revelations and leads. But many involved with the investigations still believe that the evidence even then was good enough to bring the culprits to book. The burial of the case was not inevitable. It’s just that the doctors changed their minds on treating the patient; after a successful diagnosis! Some of them claimed they were “helpless”.

The author is a former journalist who covered the Bofors investigations