The Hindu : National : Swiss express inability to assist in Bofors case

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Friday, Apr 22, 2005

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Swiss express inability to assist in Bofors case

Special Correspondent

Facts of case fall under `lapse of time' clause

NEW DELHI: The CBI probe into the Bofors payoff case has hit a roadblock with the Swiss authorities expressing their inability to execute certain points of the second Letters Rogatory of 1998.

They could not offer any further help to the Indian authorities as the facts of the Bofors case fell under the "lapse of time" rule.

The Swiss authorities have, however, agreed to re-examine the matter should new facts emerge, not covered by the `lapse of time' clause, the Defence Minister, Pranab Mukherjee, said in a written reply to the Lok Sabha on Thursday.

He said the Swiss Government had cooperated in the matter of execution of the Letters Rogatory issued in 1990 and 1998.

However, it expressed its inability to execute certain points of the second Letters Rogatory of 1998 on the ground that transactions in question pertained to a period older than 10 years.

"Swiss banks are obliged to keep their documents for a period of 10 years only and some of the banks in question have, in the meantime, been sold or merged or reorganised and most of the bank officials who were required to be examined for gathering relevant information were no longer present in their original function.

The Swiss authorities informed in writing that the facts of the case fell under the rule "Lapse of time" and regretted that they could not offer any further help to the authorities of India," Mr. Mukherjee said.

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