Chadha fails to turn up in court

By Our Legal Correspondent

NEW DELHI, FEB. 3. The Special Court for CBI cases here today directed a fresh warrant against Mr. Win Chadha, former Bofors agent and one of the accused in the `Rs. 64-crore Bofors payoffs case', following his failure to appear before it.

The warrant, however, was not signed and served, as an application was filed on Mr. Chadha's behalf requesting some more time to comply with the summons.

The Special Judge, Mr. Ajit Bharihoke, said the issue of a fresh warrant against the 76-year-old Dubai-based businessman would be decided on February 5, when the application comes up for hearing.

The judge also ordered the issue of fresh summons to AB Bofors of Sweden and Mr. Martin Ardbo, former president of the Bofors company, for their appearance in the court on March 21.

The judge told the former Defence Secretary, Mr. S.K. Bhatnagar, who was present today that he need not appear in the court on February 5.

The judge had earlier taken cognisance of the chargesheet in the Bofors case and ordered the issue of summons to the accused. As Mr. Chadha failed to appear on December 14, 1999, a non-bailable warrant was issued for securing and producing him in the court today.

However, Mr. Chadha, through his counsel, undertook to appear in the court provided a passport was issued to him. Accordingly, a fresh passport was issued and the judge suspended the NBW and posted the case for hearing today.

When the case was taken up in the morning, the CBI told the judge that there was no information from Mr. Chadha about his visit to India. Regarding Mr. Ottavio Quattrocchi, the Italian businessman and close friend of Rajiv Gandhi, it was submitted that the situation was the same and efforts were on to execute the warrant against him.

With reference to AB Bofors and Mr. Martin Ardbo, though the Swedish authorities had intimated the CBI that the summons had been served, it was said that they could not be present in the court for want of sufficient time.

Even as the judge was passing orders for the issue of a fresh warrant against Mr. Chadha, his counsel filed an application expressing difficulty in getting visa endorsement for Mr. Chadha as the passport was issued only for one year. The judge adjourned the proceedings to the afternoon.

In the afternoon, even as the counsel began her arguments, the judge asked her ``whether an Indian citizen requires a visa to come back to India''. The counsel could not continue her arguments as a section of lawyers requested the judge to adjourn the matter as the lawyers were on strike to protest the recent amendments to the Civil Procedure Code. The judge acceded to the request and posted the application for hearing on February 5.

The application said that Mr. Chadha was given a photocopy of the passport to travel between India and the United Arab Emirates only. The Consul General of India (CGI) in Dubai informed him that the original passport would be given to him on the date of his travel to India.

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