New Delhi, July 7 (PTI): A Delhi court today ordered criminal prosecution of former external affairs minister Madhavsinh Solanki for his alleged attempt to scuttle the probe into the Bofors payoff case in Switzerland by handing over a “fabricated” document to his Swiss counterpart in 1992.

“Solanki was the Union minister for external affairs. In his capacity as minister, he was clothed with the duty to maintain and support the judicial system of the country. Instead of extending support to the judicial system, he tried to scuttle the judicial proceedings going on at the behest of this court,” special CBI judge R.K. Yadav said.

The court’s direction comes on an application filed by the CBI in 2003 seeking permission to prosecute the former minister for handing over a “misguiding” request to the Swiss authorities.

Solanki, during his official visit to Davos in February 1992, had allegedly given an “unsigned” and “fabricated” memorandum to Swiss foreign minister Rene Felber to cause them to form an “erroneous opinion” on a letter rogatory then issued by the Delhi court for collection of evidence in the case.

“This court will not allow anyone to interfere with judicial proceedings, whosoever he or she may be.… I find it expedient to record a finding against Solanki for filing a case under section 193 (punishment for hampering judicial probe) of the IPC,” the court said.

The CBI had in 2003 filed an application in the court alleging that the then minister had misused his official position and made an attempt to nullify a judicial order, seeking assistance from foreign authorities in collecting evidence in the infamous case.

Earlier CBI counsel U.S. Prasad and Naveen K. Matta had submitted that a letter rogatory was sent by the court to “competent judicial authorities” in Switzerland in 1990, requesting collection of banking documents of alleged beneficiaries in the Bofors gun deal.

“Solanki, in his one-to-one meeting with the Swiss minister gave a “misleading” memorandum stating that the letter rogatory had been challenged before the Indian courts and requested them to go slow in their probe,” the counsel alleged.

Allowing their plea, the court said, “it is desirable to file a complaint against respondent (Solanki) before the court of competent jurisdiction.”

Solanki had to resign from the then P.V. Narasimha Rao cabinet in April 1992 after he reportedly admitted in Parliament that he had delivered a memorandum to the Swiss minister.