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This is an archive article published on January 22, 2006

Gun with a stinging recoil

CAUGHT: With the scandal becoming a political avalanche, and with talk of Rajiv’s personal complicity in the incident, the 1989 electio...

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GENESIS: In the early ’80s, the Indian Army, on the look out for a field gun, had started conducting trials and testing of various artillery pieces offered by arms manufacturers. By 1984, there were three guns in contention: Sofma of France, Bofors of Sweden and Voest Alpine of Austria. In 1985, the negotiating committee for the purchase, headed by the then defence secretary S K Bhatnagar, shortlisted Sofma and Bofors. Army Headquarters opted for Bofors in February 1986, though the army chief involved in its selection, Gen K S Sundarji, was to later say he was under pressure to choose it. When Swedish prime minister Olof Palme visited India that year, he and prime minister Rajiv Gandhi decided there’d be no middlemen involved in the Bofors deal. On March 24, 1986, the government signed a $1.3 billion (Rs 1,437 crore) contract with AB Bofors for the supply of 400 of its 155mm howitzers.

KICKBACKS: A year later, Swedish Radio, reporting on an investigation of AB Bofors for illegal arms sales, cursorily mentioned that the company had paid bribes to get the Indian contract. The Indian government asked the Swedish government to deny this since its two leaders had decided not to allow agents a role in the transaction. However, the Swedes said they could only issue a denial if an investigation proved it thus. Then Chitra Subramaniam of The Hindu procured documents to prove that Bofors had indeed paid money to some accounts, and that the deal had not been bereft of middlemen as it had been assumed. Papers revealed that $250 million (Rs 64 crore) had been paid into three accounts belonging to Svenska, Pitco and AE Services. Pitco was linked to four Sindhi brothers based in London, who vehemently protested that the money was not part of the Bofors deal. Svenska, it was later shown, was owned by Washeswar Nath ‘‘Win’’ Chadha, the Bofors representative in India. The third refused to yield an owner’s name until 1993, when Subramaniam again traced the money in that account, having waded through front company after another, to a firm called Colbar Investments, whose Swiss bank listed an Italian businessman called Ottavio Quattrocchi as a beneficiary. ‘Q’, as he was called in the media, quietly decided to leave India for Malaysia. Bofors had apparently hired AE Services despite being told not to engage agents. The Congress and Rajiv Gandhi himself were accused of having used Quattrocchi as a front for receiving the kickbacks.

COVER UP: Both the Indian and Swedish governments were reluctant to delve deep into the scandal. Not only was Rajiv himself implicated, but there were whispers that Palme too might have had a stake in the underhand deals. Bofors, the Hindujas and Chadha stonewalled all attempts to get at the truth. Then Rajiv announced a Joint Parliamentary Committee probe. But with the entire opposition boycotting it, the panel appeared just a Congress appendage, headed by B Shankaranand and filled with Congressmen. Their verdict was predictable: No commissions had been paid, neither had agents been involved. The JPC accepted Bofors’ explanation that the Swiss bank deposits unearthed pertained to ‘‘winding up charges’’ for terminating services of agents as agreed upon by the prime ministers of the two countries.

CAUGHT: With the scandal becoming a political avalanche, and with talk of Rajiv’s personal complicity in the incident, the 1989 election campaign became a referendum on corruption—and the Congress lost the faith of the people. The new man elected to head the government, V P Singh, was expected to get to the bottom of the affair. After all he was seen as Mr Clean, having parted ways with Rajiv on issues, among others, of transparency and corruption. Singh’s government sent letter rogatories to Sweden for bank documents and seemed honest about uncovering the facts. But before he could go further, Singh lost his job to Chandra Shekhar, who was so much at the mercy of the Congress to even think of taking the probe forward. New elections were called in 1991, and during campaigning Rajiv was killed by an LTTE suicide bomber. The most blatant official attempt at railroading the Bofors probe came thereafter. P V Narasimha Rao’s external affairs minister Madhavsinh Solanki was caught passing a note to his Swiss counterpart, asking that country to halt the investigation. Solanki resigned and retired to never, till date, say a word about the affair.

FINALLY THE DOCUMENTS: Rao led his government to its full term, but lost the elections in 1996. By this time, the diary of Bofors president at the time of the deal, Martin Ardbo, was a “raging bestseller”. In it, the Swede had mentioned, in childish code, his interactions with various people transacting the sale. There were references to N, R, GPH, Hansens and a mysterious Q. These were readily interpreted to mean Nehru (Arun Nehru), Rajiv, G P Hinduja, the Hindujas and Quattrocchi. In power at this time was the United Front government headed by H D Deve Gowda. His hand-picked CBI chief Joginder Singh took over the case and managed to finally get the papers from Zurich and Geneva that could nail the recipients of the kickbacks. In 1997, the CBI reported that commissions had actually been paid in the deal. Then, in a delicious irony, came the 1999 Kargil war, in which the Bofors gun more than proved its mettle, becoming iconic of a victory in inhospitable regions.

CHARGESHEET: Under Atal Bihari Vajpayee that year, the CBI filed its first chargesheet. It read: ‘‘Investigation into the allegations conducted so far in India and abroad has revealed that the accused—Mr S K Bhatnagar, Mr W N Chadha alias Win Chadha, Mr Ottavio Quattrocchi, Mr Martin Ardbo, Messers AB Bofors and Rajiv Gandhi—entered into a criminal conspiracy with some other persons in New Delhi, Sweden, Switzerland and other places during 1985-87 and thereafter with the objective of getting the Indian Government to award a contract in favour of AB Bofors for the purchase of 400 155 mm FH-77B gun systems by abuse of official position by the aforesaid public servants and for causing wrongful gain to private persons/others and corresponding wrongful loss to the Government of India in the deal.’’ The Hindujas were chargesheeted in October 2000.

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BURIAL: The case wound on. Bhatnagar died in 2001 and a few months later, Win Chadha. In 2003, India asked Britain to freeze Quattrocchi’s account in which 3 million Euros and $1 million of the alleged original Bofors payout to AE Services remained. Two years later came the judgement. In February 2005, the Delhi High Court gave a clean chit to Rajiv, saying there was ‘‘no convincing evidence’’ of his complicity. In May 2005, the high court quashed the case against the Hindujas. Ninety days later, with the CBI failing to appeal, the case was deemed ‘‘buried’’.

and some unanswered s
Of the three firms to which Bofors paid Rs 64 crore—Svenska, Pitco and AE Services—the last named intrigued investigators the most. Svenska and Pitco were shown to be owned by Win Chadha and G P Hinduja respectively. Documents showed that at the time when the French Sofma seemed to be forging ahead, having cleared 18 parameters to Bofors’ 11, the Swedish company hired AE Services to lobby for it in 1985. It was promised a 3 percent commission if it could win the contract for Bofors.

AE Services was obviously a front company that received the commissions as investigation were to prove. It was so skillfully set up that the CBI was unable to trace it owners. Chitra Subramaniam, however, was able to beat the obfuscation and find the trail leading to Colbar Investments. The Swiss bank where Colbar maintained an account had Ottavio Quattrocchi listed as a beneficiary.

Quattrocchi resided in India from 1964 till the Bofors heat made him hightail it to Malaysia in 1993. The CBI fought for his extradition, but lost the case in December 2002. However, in July 2003, India got Britain to freeze Quattrocchi’s bank accounts. It was the defreezing of this deposit on January 11 that brought the never-ending Bofors saga once again into the headlines.

Additional Solicitor-General B Dutta, a law officer under Law Minister H R Bhardwaj, informed the Crown Prosecution Service—handlilng the case for the CBI in Britain—that the Indian agency had no evidence to link the 3 million Euros and $1 million in two bank accounts to the Bofors payout. The British authorities accordingly defroze the accounts.

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Quattrocchi is a politically sensitive name in India. A friend of Rajiv and Sonia, he often flaunted his closeness to them to get things done. That is why a number of questions still surround the Q affair. Did Bofors home in on the Italian to get the gun contract, knowing he had the ears of the prime minister? Did AE Services and Quattrochhi receive the money given by Bofors on behalf of the Congress and Rajiv or did Quattrocchi use his proximity to the Gandhis to make money for himself? Only a part of the original sum paid to AE Services has been accounted for in transaction documents, so where did the rest go?

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