CBI yet to send help letters in Kingfisher Airlines case

Even eight months after being recommended by its officer, the Central Bureau of Investigation (CBI) has not been able to send any Letters Rogatory (LR) to the countries where money taken as loans from IDBI Bank was allegedly diverted by officials of now-defunct Kingfisher Airlines.

LR is a formal communication in writing sent by the court in which action is pending to a foreign court or judge, requesting the testimony of a witness residing within the jurisdiction of that foreign court be formally taken thereon under its direction and transmitted to the issuing court making such request, for use in a pending legal contest or action.

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CBI suspects a 'major chunk' of loans taken from the IDBI Bank, transferred to Axis Bank, was used for foreign remittances towards lease rentals and purchase of parts of the aircraft.

"Since these remittances have gone outside the country, further inquiry can only be made by sending LR for foreign investigations," Inspector Varsha Verma had recommended after completing her preliminary inquiry into the matter in July last year.

The agency had registered an FIR the next day but carried out searches nearly three months after it.

When contacted whether Letters Rogatory have been sent, CBI sources said "it is in the process".

Letters Rogatory is a formal communication in writing sent by the court in which action is pending to a foreign court or Judge, requesting the testimony of a witness residing within the jurisdiction of that foreign court may be formally taken thereon under its direction and transmitted to the issuing court making such request for use in a pending legal contest or action.

CBI Director Anil Sinha had, while addressing Indian Banks Association recently, said the case was registered in July 2015 but the loans or advances were taken during 2004 to 2012.

"However, despite our repeated requests, the Banks did not file a complaint with CBI. We had to register the case on our own initiative," he had said.

Sinha said the question is the undue delay in identifying and reporting such a fraud has jeopardised the cause of justice to the offenders benefit giving them an opportunity to divert funds and destroy evidence.