PTI, NEW DELHI: The Supreme Court on Tuesday asked BJP leader Ajay Agrawal to explain his locus in filing an appeal in the politically-sensitive Rs 64 crore Bofors pay-offs case and asked how could the matter be entertained at the instance of a third party.
Agrawal, who had contested the Lok Sabha elections in 2014 from Rai Bareli against then Congress president Sonia Gandhi, has filed an appeal in the apex court against the 2005 verdict of the high court, quashing all charges against three Hinduja brothers, UK-based business magnates, and the Bofors company.
A bench headed by Chief Justice Dipak Misra today said when the CBI has not filed any appeal in the apex court challenging the May 31, 2005 Delhi High Court judgement, how uld a private person file an appeal in the matter.
“When the prosecutor has remained silent, why should we
go into it? The occurrence took place in 1986. 31 years have
passed, nobody challenged it. You are a third party and you
have to satisfy us on this issue,” the bench, also comprising
Justices A M Khanwilkar and D Y Chandrachud, observed.
The top court also asked Additional Solicitor General
(ASG) Maninder Singh, who appeared for the CBI, “you have not
filed an appeal in the last 12-13 years. What do you propose
to do now?”
The ASG replied that though the CBI did not file the
appeal, a special leave petition was filed by private parties
who were involved in the case, which was withdrawn later.
He said after the High Court quashed all charges in the
case, there were deliberations whether to challenge the
decision of the HC or not.
However, after Agrawal filed the appeal, CBI has been
appearing in the matter as one of the respondents, he said.
In October last year, the CBI had indicated that it was
mulling to appeal against the High Court decision quashing
charges against the Europe-based industrialists, the Hinduja
brothers after the claims by American private detective
Michael Hershman, who has alleged that the then Rajiv Gandhi-
led Congress government had sabotaged his investigation.
Agrawal had questioned the move of the CBI saying this
would delay the matter.
