UPAs Bofors burial logic: we paid,so no case

When the CBI files its application to close its case against Ottavio Quattrocchi today,its likely to introduce a new argument in the Bofors...

When the CBI files its application to close its case against Ottavio Quattrocchi today,its likely to introduce a new argument in the Bofors case: the 1986 contract for 200 Howitzers wasnt cancelled,no payment was stopped,so there is no case against the Italian businessman.

Speaking to The Indian Express,Solicitor General Gopal Subramaniam said: The most crucial point in the debate over the tenability of the ongoing case against Quattrocchi is the fact that in the early 90s,the Government of the time neither cancelled the Howitzer contract nor withheld payments to the company. Though the CBI chargesheet mentioned wrongful loss to the Government,there was no condonation of the breach of contract (for payments allegedly made to Quattrocchi) subsequently. Hence,no case remains.

Even Law Minister Veerappa Moily echoed this line: Once the court quashed charges under the Prevention of Corruption Act and since final payments were made to the Bofors company way back in the 90s,the charges become untenable.

Story continues below this ad

Records show that the advance payment for the contract of SEK (Swedish Kronor) 1.68 billion was made to Bofors on May 2,1986 while the balance payment amount of SEK 6.72 billion was paid between 1986-1990. (1 SEK is today equivalent to Rs 6.70).

In a note on June 10,1987,then Minister of State for Defence Arun Singh had recommended that cancellation of the contract should be pursued as an option if the Swedish authorities didnt cooperate in the probe.

Singh also said that the Prime Minister should reconfirm with the Chief of Army Staff as to whether the Army could afford the negative impact of a cancellation of the contract.

On July 4,1987,the advice of then Attorney General K Parasaran was sought. Though the AG said that Bofors had clearly breached the contract,the contract was not annulled.

Story continues below this ad

Sources in the Union Law Ministry,who were involved in drafting the CBIs report,told The Indian Express that Governments view that the February 2004 judgment of the Delhi High Court that cleared the accused didnt deserve to be challenged will be another argument cited in favor of closure of cases.

Sushila Karki: Nepal’s first woman CJ — and now potentially its first woman PM

World7 hr ago

Nepalese jurist Sushila Karki, known for her anti-corruption stance, is a strong contender for interim prime minister. Despite lacking political experience, she has gained support from Gen Z protesters. The recent protests were triggered by a social media ban, but issues of corruption, economy, and joblessness have been simmering. Karki could make history as Nepal's first female prime minister.

View all shorts

Live Blog