In the case of alleged corruption in the purchase of Bofors 155 mm howitzers guns, the CBI on Friday moved the Supreme Court challenging the 2005 Delhi High Court verdict dismissing Britain-based Hinduja brothers – Srichand, Gopichand and Prakash Hinduja.
The Central Bureau of Investigation (CBI) filed a plea against the 2005 high court verdict, where it had indicated some new facts that require being investigated as a ground for the reopening of the Bofors case.
Even though CBI mentioned some “new facts”, it will have a tough time in persuading the apex court to entertain its plea after sitting over it for 12 long years.
Attorney General K K Venugopal previously told the government that, in his opinion, it will be met with the difficulty in proving the delay of over a decade in moving the top court against 2005 Delhi High Court order.
In a letter addressed to the Secretary, Personnel, Venugopal said: “Now, more than 12 years have elapsed.
Any SLP filed before the Supreme Court at this stage, in my view, is likely to be dismissed by the Court on account of the long delay itself.”
In Venugopal’s opinion, the record did not exhibit any important events or special circumstances which could be said to establish adequate cause for not proposing the Supreme Court within the 90 days permitted by law, or at any time thereafter in the last so many years.
Later it was alleged that Venugopal gave his oral consent to the probe agency’s move to challenge 2005 order. The High Courts’ order in 2005 that discharged the Hinduja brothers were challenged by lawyer Ajay Agrawal, who is associated with the ruling Bharatiya Janata Party.
At the time of the hearing of the plea by Agrawal on January 16, Additional Solicitor General Maninder Singh declared in the court that there was no appeal by the CBI against the 2005 order as it was suggested so, though adding that the judgment ought to have been challenged.
In the same hearing, the Supreme Court had also asked Agrawal to gratify it on his locus as a third party to challenge an order in a criminal case as it recorded that CBI which probed the case did not contest the High Court order.
Agrawal’s matter was placed for further hearing on Friday, however, it did not reach as post lunch session was utilized by the hearing on the plea asking for SIT probe in judge B H Loya’s death.
The allegation of kickbacks rocked the Rajiv Gandhi government (1984-89) in a purchase of 155 mm Howitzers guns from the Swedish arms manufacturer.
The CBI had on January 22, 1990, registered an FIR for alleged criminal conspiracy, cheating and forgery under the provisions of Indian Penal Code (IPC) and sections of the Prevention of Corruption Act against Martin Ardbo, the then President of AB Bofors, alleged middleman Win Chadha and the Hindujas.