Petitioner's locus quizzed in Bofors case

New Delhi: With the CBI not filing an appeal in the Supreme Court challenging the Delhi High Court order quashing the charges against the Hinduja brothers in the Rs 64 crore Bofors pay off case within the stipulated period, an advocate Ajay Agarwal has preferred the appeal in the apex court in public interest.

A three judge bench asked advocate and BJP leader Ajay Agrawal, who filed the appeal in 2005 as to how a third party could prosecute the case when the CBI had chosen not to prefer an appeal.

Mr Agarwal said he was compelled to file the petition against the HC judgment as the CBI had failed to approach the apex court with a Special Leave Petition against the High Court judgement.

The bench told the counsel entertaining this appeal from a third party  would send wrong precedence and there would be appeals in criminal cases for personal, publicity, political and orientation battles in the court and ‘that is troubling us’. 

The court asked counsel to cite previous judgments in which third parties had been allowed to file appeals when the prosecuting agency had not preferred appeals. 

After hearing the arguments, the bench posted the matter for further hearing on February 2.