The ghosts of the Bofors scam came back to life after a gap of 12 years with the Supreme Court on Friday posting the ₹64-crore payoff case for final hearing in October.
Hearing an application by counsel Ajay Kumar Agarwal for an early hearing, a three-judge Bench, headed by Chief Justice Dipak Misra, agreed that his appeal against the Delhi High Court’s decision in May 2005 to quash all charges against the Europe-based Hinduja brothers had been pending for long.
The court on October 18, 2005 admitted his petition, which was filed after the CBI failed to approach the top court with the appeal within the 90-day deadline following the High Court verdict.
On May 31, 2005, Justice R.S. Sodhi of the Delhi High Court, since retired, quashed charges against the Hinduja brothers — Srichand, Gopichand and Prakashchand — and the Bofors company, and castigated the CBI for its handling of the case saying it had cost the exchequer about ₹250 crore.
Rajiv exonerated
Before the 2005 verdict, Justice J.D. Kapoor (since retired) of the Delhi High Court on February 4, 2004, acquitted the former Prime Minister Rajiv Gandhi in the case, and directed framing of charge of forgery under Section 465 of the Indian Penal Code against Bofors.
The ₹1,437-crore deal between India and the Swedish arms manufacturer AB Bofors for the supply of 400 155 mm Howitzer guns was entered on March 24, 1986. The Swedish Radio on April 16, 1987 claimed that the company paid bribes to top Indian politicians and defence personnel.
FIR registered in 1990
The CBI registered the FIR for the alleged offence of criminal conspiracy, cheating, forgery under the Indian Penal Code and other Sections of the Prevention of Corruption Act against Martin Ardbo, the then president of AB Bofors, alleged middleman Win Chadda and the Hinduja brothers on January 22, 1990.
The first charge sheet was filed on October 22, 1999 against Chadda, Italian businessman Ottavio Quattrocchi, then Defence Secretary S.K. Bhatnagar, Ardbo and the Bofors company. A supplementary charge sheet against the Hinduja brothers was filed in 2000.
However, a CBI court discharged Quattrocchi from the case in 2011. Quattrocchi fled India in 1993 and died in 2013. The other accused who have died are Bhatnagar, Chadda and Ardbo.
