CBI to Seek Information from US Private Investigator in Long-Dormant Bofors Case
The Central Bureau of Investigation (CBI) is reviving interest in the decades-old Bofors bribery scandal, one of India’s most politically sensitive cases. The agency plans to send a judicial request, known as a Letter Rogatory (LR), to the United States, seeking information from Michael Hershman, a private investigator and head of the Fairfax Group. Hershman, who has expressed willingness to assist Indian authorities, claims to have crucial details regarding the alleged Rs 64-crore bribery scandal that surfaced in the 1980s.
Background of the Bofors Scandal
The Bofors case revolves around allegations of kickbacks in a Rs 1,437-crore defense deal during the 1980s Congress government. The deal involved the purchase of 400 155mm field howitzers from Swedish arms manufacturer Bofors AB. The allegations of a Rs 64-crore bribe led to widespread controversy, significantly impacting the political landscape at the time.
The field howitzers, despite the scandal, played a critical role in India's defense capabilities, including their successful deployment during the Kargil war. However, the case has been marred by accusations of political interference and an alleged lack of thorough investigation.
Legal Proceedings and Attempts to Reopen the Case
The Bofors case saw numerous twists in the legal arena. In 2004, the Delhi High Court exonerated former Prime Minister Rajiv Gandhi, and a year later, it quashed charges against other key accused, including the Hinduja brothers. Italian businessman Ottavio Quattrocchi, who was alleged to be the middleman, was discharged in 2011 after the CBI withdrew prosecution against him.
Despite these developments, the case never fully faded from public memory. Hershman reignited interest in 2017, alleging in interviews and public appearances that the investigation was deliberately derailed by the Congress government. The CBI noted his claims and initiated discussions to reopen the case.
The Role of Michael Hershman
Hershman’s involvement dates back to his tenure at Fairfax Group, a private investigation firm that worked on uncovering financial irregularities. During a visit to India in 2017, he openly expressed his readiness to assist Indian authorities, claiming to possess vital evidence that could shed new light on the case.
His assertions prompted the CBI to take formal steps to engage with him. However, initial attempts through letters and reminders sent to US authorities between 2023 and 2024 yielded no actionable response. The agency now hopes that the LR, a formal judicial request, will expedite cooperation.
Judicial Request and Next Steps
The CBI has informed a special court in India of its intent to send the LR to the US. The process was initiated in October 2024 and is expected to take around 90 days to finalize. The LR mechanism allows courts in one country to request assistance from judicial authorities in another for investigation or prosecution in criminal matters.
This move reflects a renewed commitment by the CBI to pursue the case, despite its closure in 2011. The agency believes that Hershman’s insights could provide fresh leads to investigate allegations of corruption in the defense deal.
Implications of the Revived Investigation
The revival of the Bofors case is not just a legal maneuver but also carries significant political ramifications. The scandal had long been a point of contention between political parties, and any new revelations could stir fresh debates.
With Hershman’s cooperation, the CBI may unearth information that could fill gaps in the earlier investigations. However, the outcome largely depends on the US authorities' response and the material Hershman can provide.
As the agency pursues this transnational legal route, the Bofors case once again becomes a focal point in India’s legal and political discourse, underlining the complexities of tackling corruption in high-stakes defense deals.
