‘Transfer Of Papers Will Take Time’

Contrary to indications from senior members of the Vajpayee government, the arrival of the second and last set of documents dealing with the sixth account into which the Rs 64-crore Bofors payoffs were allegedly made, is likely to take time. In an exclusive interview with Murali Krishnan, Falco Galli, the spokesperson for the Federal Department of Police and Justice in Switzerland, which is hearing the last set of appeals by the powerful Hinduja brothers against the handing over of the documents to India, said that "the matter is under study...(by) the federal councillor, Ruth Metzler. I cannot specify a time period (for arriving at a decision). All I can say at this point is that it will take time".

As a consequence, the next logical step for the Central Bureau of Investigation - the filing of a second, supplementary chargesheet widely expected to name the Hindujas to go along with the first, which names Rajiv Gandhi, among others - is also unlikely to be taken soon. In fact, the appeal of the Hindujas against the release of these documents to the Indian authorities is, in effect, the last piece of the complex Bofors jigsaw as they are the only appellants left before the Swiss authorities (both Win Chadha and Ottavio Quattrocchi’s appeals were rejected).

Assurances by prominent bjp leaders including L.K. Advani and Arun Jaitley that action would be taken against "those named in the second set of documents" and the filing of the first Bofors chargesheet last fortnight had heightened expectations in political circles that events were finally leading to a denouement. But six years after moves were first initiated to get the second set of documents, this hope seems to have been belied once again. At least for the moment. Excerpts from the interview:

When will you decide to hand over the last set of documents?
This is a matter under study. After the federal councillor, Ruth Metzler, arrives at a decision, it will be put up before the Federal Council.

How long will that be?
I cannot specify the time period. All I can say at this point is that it will take time.

Has the Indian government hired a lobbyist or a lawyer to expedite the process?
We don’t know of these developments. Even if it had, it will not make a difference. Our system is insular from such developments.

The last set of appellants, the Hindujas, have invoked a strange clause in their mutual assistance on criminal matters (IMAC), thus blocking the passage of these documents...
Yes. It is a complex procedure and that is the reason why we are deliberating on this issue. Moreover, such a representation under this provision of IMAC is unprecedented.

The Hindujas are a very powerful family with global business interests. They can try to delay matters for as long as possible...
The Federal Court has already decided in July that the papers can be handed over to India. This will be an important factor while deciding on the transfer of documents. Honestly, we are not concerned about the connections of the appellants.

The Hindujas also have business interests in Switzerland...
That doesn’t matter. It will have no bearing on the decision.

How will the transfer of the papers affect the ‘sovereignty’ and ‘public order’ of Switzerland as stated by the Hindujas?
That is exactly what we are trying to determine.

Will politicisation of the issue hamper the transfer?
We are also keeping a watch on those developments.

Did you meet the CBI director when he visited earlier this year? What did he have to say?
I did meet him but it would not be proper to disclose the nature of the conversation we had.

How important is this case in your country?

I know the keen interest it has generated in India. We judge all cases - there have been several in the past of other countries asking for documents - fairly. All I can say now is that we will arrive at a decision one way or the other.