October 20,2017:
CBI was desirous of filing the SLP in 2005 but the then UPA Government refused permission.
The CBI was in favour of filing the SLP in 2005 itself but the then UPA government did not give its permission.
The CBI had requested the government for reconsideration of its 2005 decision and allow the agency to file a Special Leave Petition in the Supreme Court for challenging the Bofors case quashing of an FIR in the alleged scam, officials said.
In a letter written to the Department of Personnel and Training, CBI conveyed that it wish to file the SLP for challenging the Delhi High Court order of May 31, 2005 which quashed all charges against Europe-based Hinduja brothers in the Bofors case.
CBI was in favour of filing the SLP in 2005 as well but the then UPA government did not give its nod.
Legal SC experts feel that the CBI will have to do a lot of explanation for seeking condonation of the lapsed time period of over 12 years.
Justice R.S. Sodhi of High Court of Delhi had on May 31, 2005, quashed all charges against the Hinduja brothers — Srichand, Gopichand and Prakashchand — and the Bofors company.
He had also castigated the CBI for its handling of the case saying it had cost the exchequer about ₹250 crore.
Prior to that another judge of the Delhi High Court, Justice J D Kapoor (since retired) on February 4, 2004, had let off late prime minister Rajiv Gandhi in the case and directed framing of charge of forgery under Section 465 of the IPC against the Bofors company.
Now the CBI had said it would look into the “facts and circumstances” of the Bofors scam in the light of fresh facts mentioned by private detective Michael Hershmam,allegeding that the then Rajiv Gandhi—led Congress government had sabotaged his investigation.
Hershman, who is the president of Fairfax Firm, claimed on TV interviews recently that Rajiv Gandhi was “furious” when he had found a Swiss bank account “Mont Blanc“.
Hershman who addressed a conference of private detectives alleged that the bribe money of the Bofors gun scandal was parked in the Swiss account.
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