The Central Bureau of Investigation on Thursday told the Delhi high court that the actual loss caused to the government in the Bofors scam was over Rs 100 crore.
This sum, said the CBI, provided for 8.24 per cent commission to accused Hinduja brothers, Win Chadha and Ottavio Quattrocchi for their alleged role in getting the Rs 1437 crore deal awarded to the Swedish arms manufacturers in 1986.
Complete coverage of the Bofors scam
"Win Chadha was to receive about 2.24 per cent of the total amount while Hindujas and Quattrocchi were to get three per cent each," Additional Solicitor General Mukul Rohatagi told Justice J D Kapoor.
The ASG said money beyond Rs 64 crore could not transferred to the accused after the Swedish Radio broke the news in April 1987 about alleged payment of commission by Bofors to secure the contract for supply of 400 Howitzer guns.
Justice Kapoor is hearing appeals filed by Hinduja brothers -- Srichand, Gopichand and Prakashchand and the Bofors Company -- against the November 2002 order of Special Judge Prem Kumar framing charges against them in the case.
There was a conspiracy behind the deal, which was signed in 'undue haste' bypassing procedural norms, Rohatagi alleged.
"Three ministers and five top officials of the government signed the file in one day on March 13 1986," he said. "This included Rajiv Gandhi, who then held the defence portfolio."
Apart from the Hinduja brothers, Chadha and Quattrocchi, the CBI has chargesheeted then defence secretary S Bhatnagar, Bofors Company and its then chief Martin Ardbo.
Chadha and Bhatnagar have died, while the CBI is yet to secure the presence of Ardbo and Quattrocchi.
The ASG said when the then Chief of Army Staff General K Sunderji wrote to the government on June 30, 1987 to cancel the contract, if Bofors did not disclose the names of recipients of commission, Bhatnagar returned it to him with a request to change his views.
The general, however, again wrote to the government on July 17, 1987. But Bhatnagar got it deleted from the draft prepared by the then Additional Secretary N N Vohra saying it was premature and not viable.
He accused Rajiv Gandhi of scuttling the JPC probe.
"Rajiv Gandhi also wrote to the Swedish Government at one point of time that there was no need for further investigation in the matter after the denial issued by Bofors," he added.
When the court asked if any public servants received commission in the deal, the ASG said so far there was no evidence to show that they received money in the deal.
He, however, clarified that investigations were still going on and some disclosures may come up.
"We might file another charge sheet on the basis of fresh evidence collected by the probe agency," he added.
Rohatagi said there was material on record to prove that the money received by Hindujas related to Bofors deal and not any other transaction as claimed by the accused brothers.
Accusing the Hindujas of trying to scuttle the probe at every stage, the ASG told the court that the delay was due to dilatory tactics adopted by them in Swiss courts.
On the role of public servants, the ASG alleged there was a clandestine deal between them and Bofors.
"Their conduct before and after signing of the contract clearly established how they abused their official position and showed undue favour to Bofors. This could not have been achieved without the connivance of the public servants," he told Justice Kapoor.
The ASG alleged that there was no deadline for the deal and an ad hoc procedure was adopted.
It was an open kind of thing. The companies were quoting prices of their gun systems and reducing the same. Then all of a sudden Bhatnagar refused to entertain Sofma (French Gun manufacturer) saying it has been closed, Rohatagi submitted.
He said if this was seen in the light of Quattrocchi's 'agreement' with Bofors that he would get the contract for the company by March 31, 1986 in lieu of three per cent cut, it was clear that there was a conspiracy.
