Extraditing criminals, wanted in India from other countries, is an area, where political compulsions, diplomacy and a country’s standing in the world play a dominant role, irrespective of the existence or otherwise of any bilateral extradition treaty. Indeed, no country needs any treaty to expel an undesirable alien from within its jurisdiction.

Where there is a duly executed bilateral extradition treaty, it is open to the States to use the same. However, the process of extradition usually involves the judiciary in the concerned countries. International law regulating extradition acknowledges the following points as a basis of exercise of criminal jurisdiction by a sovereign State, namely, territoriality (the State where the offence has been allegedly committed or where it has occurred), nationality (the national State of the offender or the accused), the protective principle (the State whose essential economic or other interests have been directly and adversely affected by the offence), and universality (the offence being an international crime).

Extradition or deportation is simply handing over of a person accused of an offence, by the country where he might have taken refuge, to the country that has made a request for sending him back. Neither national nor international law imposes any obligation on the countries of the world to extradite. Neither have they prescribed any special procedure for handing over such person or persons concerned to the requesting State.

Ottavio Quatrocchi, an Italian power-broker and self-proclaimed friend of the late Rajiv Gandhi, had received $ 7.34 million through his company, AE Services, for clinching the AB Bofors deal with the Government of India for purchase of 155 mm howitzer guns. He had been charge-sheeted for his role by the CBI in what has come to be known as the Bofors Case. This case is now into the second decade. It is important to recapitulate quickly a few details for a full understanding of the case. The Government of India was on the lookout from 1980 for a suitable 155-mm gun system to meet the country’s defence operational requirements. The choice was shortlisted to Sofma of France, AB Bofors of Sweden, IMS of the U. K. and Voest Alpine of Austria in December 1982. In November 1985, there was a further shortlisting consisting of Sofma and Bofors. Finally, the order was placed by the Government of India on Bofors on March 24, 1986, for supply of 410 numbers (400 plus 10 free) of 155 mm field howitzer 77-B gun systems/spare guns for a total amount of SEK 8,410.66 million (Swedish kroner is the official currency of Sweden). In Indian rupees, it was equivalent to about Rs. 1,437.72 crore at that time.

Earlier, the Ministry of Defence had set up a seven-member negotiating committee in May 1984 with the Defence Secretary as the chairman. At the meeting held on March 12, 1986, the committee felt that the offer of Bofors was the better of the two. It recommended that, pending finishing touches to the contract, a letter of intent might be issued to Bofors to the effect that the Government was willing to award the contract to them. It was subject to their satisfying the Government of India on all aspects of the purchase, licenced production, credit and other arrangements. These recommendations of the committee were approved, first by the Ministry of Defence and then by the Ministry of Finance officials and then by four Ministers, Ministers of State for Defence, Sukh Ram, Arun Singh and Defence Minister K. C. Pant, on March 13, 1986, and also the Finance Minister (V. P. Singh) and the Prime Minister on March 14, 1986.

The Letter of Intent was promptly issued to Bofors on March 14, 1996. Further negotiations were continued. It was an unusual case, where negotiations continued even after a letter of intent was issued. Bofors submitted revised offers on March 21, 1986, in a hurried exercise. The correct procedure would have been to issue a final letter only after all the negotiations were over and not half way through.

Bofors, despite their clear and definite knowledge from May 3, 1984, that agents were prohibited, had inducted agents. Huge payments were made to them during the whole of 1986 and even as late as March 30, 1987. The ‘agents’ did not do any purported service to get the contract in favour of Bofors as per the views of the Defence Ministry. Yet they were paid huge sums as ‘commission’.

Bofors paid an amount of SEK 50,463,966 to Quatrocchi’s AE Services Ltd. on September 2/3, 1986. Obviously, no businessman pays any money without a quid pro quo. Bofors consistently declined to disclose the names of the actual beneficiaries of the remittances made by them.

The Government of India had set up a Joint Parliamentary Committee (JPC) to look into the question of kickbacks in Bofors. In the JPC report, Thulholm, the then Chairman of Nobel Industries (Bofors was its subsidiary), had stated that so far as he was aware, payments had not been made to Indians or to an Indian company for the contract. He had also stated that he could not affirm that bribes had not been paid to Ottavio Quatrocchi. The Italian powerbroker was arrested on December 20, 2000, in Malaysia and later released on bail.