The Prime Minister's Office has sought time till May five to file affidavit regarding some classified documents demanded by three Hinduja brothers to prepare their defence in the Rs 64 crore Bofors pay-off case.
In a fax message sent to CBI Director P C Sharma, PMO Joint Secretary Jarnail Singh requested him to seek time till May 5 from special judge Prem Kumar, who had asked the agency to procure affidavits from the heads of departments which wanted to claim privilege over the documents.
"Some of these papers relate to other ministries. It might take a fortnight to take a decision on de-classification or otherwise in respect of these papers as other Ministries have to be consulted," Singh said in his communication dated April 30, which has been forwarded to the court. Defence ministry Joint Secretary (AJ) Arvind Joshi has also requested Sharma to seek time till May 1 from the court as the documents were still being examined in consultation with Army authorities, CBI informed the court.
The court has directed CBI to expedite the process of filing of affidavits regarding classified documents over which government would like to claim privilege.
Following the court's directive, CBI had written to the PMO and defence ministry regarding the documents.
In an application filed in the court, the Europe-based Hinduja brothers-Srichand, Gopichand and Prakashchand-have sought production of seven documents, which CBI described as classified ones. The documents included (1) Draft contract for purchase of 155mm guns (2) Philosophy paper of October 1979 sent by COAS to ministry of defence (3) Offer submitted by four shortlisted parties on November 13, 1984 (4) Minutes of meeting of negotiating committee held on March 22, 1986 (5) Communication dated May 15, 1985 requesting revised offers from ammunition manufacturers (6) Communication dated July 3, 1985 to gun and ammunition suppliers and (7) Army headquarters' note dated August 5, 1985 recommending that arms should be purchased from selected gun manufacturers.
The special judge had on April 18 directed CBI to get affidavits from the departments concerned claiming privilege regarding the classified government documents sought by the accused Hinduja brothers.
In its chargesheets filed in October 1999, CBI named former Defence Secretary S K Bhatnagar, Italian businessman Ottavio Quattrocchi, former Bofors agent Win Chadha, former Bofors Chief Martin Ardbo and the Bofors company as accused.
A year later, the agency filed another chargesheet naming the three Hinduja brothers as accused in the case. CBI has accused Bofors of appointing agents and paying them huge commissions violating defence supply norms in vogue at that time.
The case against Bhatnagar and Chadha abated following their demise. A red corner alert has been issued to secure Ardbo's presence while extradition proceedings are going on against Quattrocchi in Malaysia.
Bofors company and the Hinduja brothers are facing trial in the case. Bureau Report