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December 18, 1999

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Last batch of Bofors papers may turn out to be a damp squib

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Amberish K Diwanji in New Delhi

Despite the euphoria being expressed in certain quarters over the arrival of the last batch of the Bofors papers, the fact is there might not be anything in it to warrant such optimism. Its contents may not contain the vital clues that the Central Bureau of Investigation is so desperately seeking to find the final recipient of the commissions.

Warned former CBI director Joginder Singh, "Ultimately, whether the papers are useful or not will depend upon whether they reveal the final recipients of the commission payoffs. And there is no reason to assume that this last batch will actually contain the names."

Another former CBI director, N Karthikeyan, said that much of what happens next will depend upon what the papers reveal. "The papers must reveal the facts and evidence, only then can the CBI act upon them. The papers will have to be studied properly," he said.

Singh warned against undue optimism and haste. "I don't see an end to the battle as many in the media are trying to portray. In fact, an entire new round has just begun," he said.

The former CBI director pointed out that the whole purpose of the current exercise is to find out the end receiver of the kickbacks, the people who made huge money from the Bofors deal. "We know that Bofors paid commission into six Swiss accounts, as per the revelations of the earlier documents," he said.

Singh said that within 48 hours of the CBI coming to know about the six Swiss accounts, the accounts were cleared and the money sent to other destinations all over the world. "This only shows the clout and reach of the recipients, who could react faster than the CBI can move. That is why I am not all optimistic even after the last batch of papers have reached Delhi," he said.

Nevertheless, Singh admitted that he was happy with the latest development whereby the Swiss Federal Department of Justice and Police has at last, after years of perseverance by the Indian authorities, handed over the papers, a sentiment shared by Karthikeyan.

"I still think it will be difficult to find the end receiver of the kickbacks, but certainly the last batch will help the CBI in its further investigations," said Singh. He added that the CBI would surely conduct a thorough investigation.

Karthikeyan pointed out that besides information it is also necessary to build up sufficient evidence that would be acceptable to the courts where the Bofors case is now pending.

In fact, Singh warned that if the papers do not help the CBI get sufficient evidence, the courts will invariably give the benefit of doubt to the accused. "The accused are powerful men who can use the various loopholes that our legal system provide to escape. Thus there is also the need for gathering proper evidence," he said.

Only recently, the CBI filed the chargesheet in the Bofors and the court began hearing the matter. The chargesheet also named the late prime minister Rajiv Gandhi. This was denounced by the opposition Congress party which claimed that it was a politically motivated move.

The Bofors payoffs has been plaguing the Indian polity for 13 years now. Progress has been very slow, but steady. Many of the key accused are absconding from the country, including Italian businessmen Quattarocchi and non-resident Indian Win Chaddha.

With the government insisting that the last batch of papers will not be tabled in Parliament, it will be some time before its contents are known.

Incidentally, the latest announcement about the arrival of the Bofors papers was not made by the home ministry (under whose purview the CBI falls) but by the ministry of external affairs. It was the MEA spokesperson who, in answer to a question during a routine press briefing, told the media that the Swiss authorities were handing over the last batch of papers relating to the Bofors case.

One reason being cited for the MEA's involvement is that the government wanted the papers reaching India to appear as apolitical as possible and thus avoid the charge of pursuing the case for political reasons. Hence the decision to let the MEA make the announcement rather than a minister or a CBI official.

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