Bofors case: Petitioner writes to attorney general, wants him to ask CBI to file a reply affidavit
The Supreme Court will hear an appeal by Ajay Aggarwal in the case on February 2.
Advocate Ajay Aggarwal has written to Attorney General KK Venugopal, requesting him to ask the Central Bureau of Investigation to immediately file a reply affidavit in the Bofors case, ANI reported on Tuesday. The Supreme Court will next hear an appeal by Aggarwal, also a BJP leader, in the case on February 2.
In September 2017, the court had agreed to hear the appeal Aggarwal had filed in 2005 in his personal capacity, against a Delhi High Court order quashing charges against the Hinduja brothers in the Bofors pay-off scam. He had done so after the CBI, which conducted an inquiry into the case, failed to challenge the order within the 90-day period.
On January 16, the Supreme Court had asked Aggarwal to explain his locus standi in filing the appeal. The court asked him how a person who is not party in the matter can seek reopening of a criminal case.
Venugopal has advised the government that the CBI should not file a special leave petition against the 2005 Delhi High Court order, The Indian Express reported on Tuesday. He said the court was likely to dismiss the petition on grounds of delay. Instead, the CBI should present its stand during the hearing of Aggarwal’s appeal, he said.
Supreme Court lawyer Ajay Aggarwal, a petitioner in Bofors case, writes letter to Attorney General KK Venugopal requesting him to direct the CBI to immediately file a reply affidavit in #BoforsCase with all necessary documents.
— ANI (@ANI) January 30, 2018
In a letter issued by Office of the Attorney General, AG KK Venugopal writes 'More than 12 years have elapsed. Any SLP filed before the SC is likely to be dismissed by the Court on account of the long delay itself. #BoforsCase
— ANI (@ANI) January 30, 2018
CBI is a party respondent in the criminal appeals pending before SC challenging High Court's judgement. Thus the matter is still alive & opportunity for CBI to present its case before SC is not entirely lost: AG KK Venugopal in letter #BoforsCase
— ANI (@ANI) January 30, 2018
It would be advisable for CBI to canvass its stand as respondent in the pending matters rather than take risk of filing its own SLP at this highly belated stage. Dismissal of SLP could well prejudice its stand even as a respondent in appeals: AG KK Venugopal in letter #BoforsCase
— ANI (@ANI) January 30, 2018
The Bofors scandal
The scam dates back to the late 1980s when the Congress was in power with Rajiv Gandhi as the prime minister. The Indian government had signed a $1.4-billion (Rs 9,568 crore approximately) defence deal with Swedish arms manufacturer Bofors for 410 field howitzer guns and a supply contract in March 1986.
In April 1987, Swedish Radio claimed that the company paid bribes to senior Indian politicians and Army personnel to secure the deal. Gandhi was also implicated in the case.
In 1990, the CBI registered a First Information Report for criminal conspiracy, cheating and forgery under the Indian Penal Code, as well as for corruption, against Martin Ardbo, who was then the president of Bofors, alleged middleman Win Chadda and the Hinduja brothers. The first chargesheet was filed in the case in 1999. A special CBI court in Delhi had in 2011 discharged Italian businessman Ottavio Quattrocchi in the case.
