New Delhi: The Central Bureau of Investigation moved the Supreme Court after 12 years, challenging the Delhi High Court order quashing the charges against the Hinduja brothers in the Rs 64-crore Bofors payoff case.
The Delhi High Court had in May 2005 quashed all charges against Hinduja brothers — Srichand, Gopichand and Prakash-chand — and the Bofors company and criticised the CBI for its handling of the case saying it had cost the exchequer Rs 250 crore.
During the last hearing before a bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud in the appeal filed by advocate Ajay Agrawal, the CBI did not express its stand whether it would also file an appeal or not.
In the meanwhile, Attorney General K.K. Venugopal gave an opinion that it was not desirable for the CBI to file an appeal after 12 years as the court might not entertain it on the ground of delay.
CBI officials showed him additional documents to convince him of the need to file an appeal. Sources said the Attorney-General gave his oral nod, paving the way for the investigating agency to file the appeal after over 12 years.
CBI: Hershman wants to testify in Bofors case
The petition relies on a media interview given by Mr Michael Hershman, president of the US-based private detective firm, Fairfax.
The CBI said he had given new information which must be probed and the case re-opened.
The CBI said the Delhi High Court had rejected the agency’s evidence relying on some Swedish documents. The High Court was wrong in rejecting these documents; these documents are in the public domain and must be accepted, the CBI said.
According to the CBI, Mr Hershman, the first secret investigator into the Bofors papers, had revealed the truth for the first time in a TV interview and exposed the role of the late former prime minister Rajiv Gandhi and then Congress-led government.
Mr Hershman hinted that powerful politicians India risked being identified in the scam case. He alleged that the Congress government had sabotaged his investigation.
Mr Hershman, had said that Rajiv Gandhi was “furious” when he found a Swiss bank account “uncovered”. Mr Hershman has expressed willingness to testify and help Indian agencies, the CBI said in its appeal.
Mr Agarwal said he was compelled to file the petition against the High Court judgement as the CBI had failed to approach the apex court with a Special Leave Petition (SLP) against the High Court verdict.
Mr Agarwal said that the CBI was in possession of sufficient material to sustain the case in the apex court. There was ample evidence with the CBI that kickbacks had been given to different persons out of the Bofors gun deal. He said the court had erroneously rejected the photocopies of the documents of the foreign country duly attested when the same had evidentiary value in Indian courts.
The petitioner said the quashing of the charges in the Bofors case had given rise to corruption in other defence deals. Several questions of public importance were involved in this SLP, he said.
