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Lekhi's petition will queer Bofors pitch

Onkar Singh in New Delhi

The Bofors chargesheet could take a new turn when P N Lekhi, noted criminal lawyer, files his petition in the Delhi High court challenging the Union government's decision to put Rajiv Gandhi's name in column two instead of column one.

Lekhi believes that the Union Home Minister L K Advani has erred in judgement by not putting the name of the former prime minister along with the other accused. "I think the Union Home Minister L K Advani has made a mistake by not including the name of Rajiv Gandhi in column one. He is sending wrong signals by doing so. In fact the home minister has indirectly helped the Gandhi dynasty by including the name of Rajiv Gandhi in column two," charged Lekhi, who is known for his proximity to the home minister.

According to Lekhi there are two types of criminal conspiracies. "One is linear and the other is circular. Since Rajiv Gandhi's name figures prominently in the Bofors case and since the whole case revolves round him his name should have been included in column one along with the other accused. In Mrs Gandhi's assassination case Beant Singh was also one of the accused. When I tried to get his name dropped from the chargesheet, the Rajiv Gandhi government opposed my plea tooth and nail. They said that since Beant Singh was an accused therefore his name had to be there. The circumstances have not changed. If Rajiv Gandhi is the central figure in the Bofors pay off case then why should not the government place his name along with the other accused. I am going to court to challenge the government's decision," Lekhi added.

Congress leader Kapil Sibal does not agree with Lekhi. "There is nothing in the chargesheet. There is no reason whatsoever that Rajiv Gandhi's name should have been there at all. Not even in column two," Sibal told rediff.com.

Indira Jai Singh, another eminent Supreme Court lawyer, agrees with Sibal. "I have seen the chargesheet and there is no evidence against Rajiv. I see no reason why his name should have been there in the first place. To me it looks as though the name of Rajiv Gandhi has been put in column two because of political compulsions," Singh felt.

Daughter of the Union Minister of Law and Justice Ram Jethmalani, Rani Jethmalani, also a noted advocate, however differs with Sibal and Singh. "There is a case against Rajiv Gandhi and his name has to be there in column number two of the accused because he is dead. His name is not being sent for trail. I don't understand why so much fuss is being made about the inclusion of his name in the Bofors chargesheet when all the accusations are against him," said Rani Jethmalani.

K Madhavan, former joint director of the Central Bureau of Investigation and noted Supreme Court advocate agreed with Rani Jethmalani's argument. "I had been associated with the case till the time I took retirement. I think there is a strong case against Rajiv Gandhi. There is enough evidence against him. Since he is already dead his name has not been included in the list of the accused in column number one. Dhanu, who killed Rajiv Gandhi in 1991, was included in the list of the accused in column number two. Similarly the name of Beant Singh, one of the two assassins of Mrs Gandhi was also included in column number two of the chargesheet," Madhavan told rediff.com.

The Minister of State for Information and Broadcasting Arun Jaitley refused to join the issue. "I have said whatever I had to say in Parliament. Now it is for the home minister to say anything on the matter," he said.

Lekhi says he is moving the Delhi High Court on his own, but few are willing to buy that. "How can he go against Advani? He may be doing so at the instance of the home minister himself. Because once the petition is filed in the court of law, the government would tell the Congress that the people want the name of Rajiv Gandhi in the list of accused in column number one instead of two. One way or the other, the petition would help both the government and the Congress party, if it is admitted," felt a senior advocate of the Delhi High Court, who requested anonymity.

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