New Delhi: The Central Bureau of Investigation (CBI) on September 11 told the Delhi High Court that the actual loss caused to the government in the Bofors scam was over Rs 100 crore, as this was the sum provided for 8.24 per cent commission to accused Hinduja brothers, W N Chadha and Ottavio Quattrocchi for their alleged role in getting the Rs 1,437 crore deal awarded to the Swedish arms manufacturers in 1986.

"The actual loss caused to the government was more than Rs 100 crore. 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 (ASG) Mukul Rohatagi told Justice J D Kapoor.

The ASG clarified that 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, adding "This included Rajiv Gandhi, who then held Defence portfolio."

Apart from the Hinduja brothers, Chadha and Quattrocchi, CBI has chargesheeted then Defence Secretary S B 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.

PTI