January 17, 2018

BJP leader said that a crime against society has been committed in the Bofors matter & this was a case where huge public money was involved.

On Tuesday , the Apex Court asked BJP leader Ajay Agrawal to explain his locus in filing an appeal in the politically-sensitive ₹64 crore Bofors pay-offs case & asked how the matter could be entertained at the instance of a 3rd party.

Mr. Agrawal, who had contested the Lok Sabha elections in 2014 from Rai Bareli against then Congress president Sonia Gandhi, has filed an appeal in the SC against the 2005 verdict of the HC, quashing all charges against 3 Hinduja brothers, UK-based business magnates & the Bofors company.

A bench headed by CJI Dipak Misra said when the CBI hasn't filed any appeal in the Apex Court challenging the 31st May 2005 Delhi HC judgement, how could a private person file an appeal in this matter.

"When the prosecutor has remained silent; why should we go into it? The occurrence took place in 1986. 31 years have passed, nobody challenged it. You're a 3rd party & you've to satisfy us on this issue," the bench, also comprising Justice AM Khanwilkar & Justice DY Chandrachud, observed.

The SC also asked Additional Solicitor General (ASG) Maninder Singh, who appeared for the CBI, "you haven't filed an appeal in the last 12-13 years. What do you propose to do now?"

The ASG replied that though the CBI didn't file the appeal, a special leave petition was filed by private parties who were involved in the case, which was withdrawn later.

He said that after the High Court quashed all charges in the case, that there were deliberations whether to challenge the decision of the High Court or not.

However, after Mr. Agrawal filed the appeal, CBI has been appearing in the matter as one of the respondents, he said.

In October 2017, the CBI had indicated that it was mulling appealing against the HC decision quashing charges against the Europe-based industrialists, the Hinduja brothers after the claims by American private detective Michael Hershman, who has alleged that the then Rajiv Gandhi-led Congress govt. had sabotaged his investigation.

Mr. Agrawal had questioned the move of the CBI saying this'd delay the matter.

The Apex court posted the matter for hearing on February 2 saying, "we expect the petitioner (Agrawal) to argue the matter on the next date of hearing & argue the parameters on grant of leave."

In law, 'locus standi' means the 'right to bring an action', to be heard in court or to address it on a matter before it.

At the outset, Senior Adv. Kapil Sibal, who was present in the courtroom, objected to the plea & said this was a 31-year-old case. He also questioned the locus of the petitioner & said the appeal was filed by a 3rd party who isn't connected with the case.

Mr. Agrawal, strongly objected to his submission & asked "for whom he's appearing in the matter?"

"Is Mr Sibal appearing for Hindujas or the Bofors company? He should clarify," Mr. Agrawal said.

Mr. Sibal told the bench that earlier he had appeared for late PM Rajiv Gandhi in the case.

Explaining his locus, the BJP leader said that a crime against society has been committed in the Bofors matter & this was a case where huge public money was involved.

"This is the case where the security of India is involved. He said if govt. would've purchased the French Sofma gun, as recommended by the then Army General, the casualties of our soldiers would've been much less in Kargil war. So every citizen of this country is affected in this particular case. If the corruption is allowed to go on in defense deals, the security of the country would be threatened," Mr Agrawal said, while referring to the recent Augusta Westland scam case.

The bench, however, remained unimpressed & asked the petitioner to satisfy it on the point of locus standi.

Previous Happenings-

Justice RS Sodhi of Delhi High Court, since retired, had on May 31, 2005 quashed all charges against the 3 Hinduja brothers - Srichand, Gopichand & Prakashchand - and the Bofors company, castigating the CBI for its handling of the case, saying it had cost the exchequer about ₹250 crore.

Before the Justice Sodhi's 2005 verdict, another judge of the Delhi HC, retired Justice JD Kapoor, had on February 4, 2004, exonerated the late PM in the case & directed the framing of charge of forgery under S. 465 of the IPC against Bofors company.

The ₹1,437-crore deal between India & Swedish arms manufacturer AB Bofors for the supply of 400 155mm Howitzer guns for the Indian Army was entered into on March 24, 1986.

Swedish Radio on April 16, 1987, had claimed that the company had paid bribes to top Indian politicians & defence personnel.

The CBI on 22nd January 1990 had registered the FIR for alleged offences of criminal conspiracy, cheating & forgery under the IPC & other sections of the Prevention of Corruption Act against Martin Ardbo, the then president of AB Bofors, alleged middleman Win Chadda and the Hinduja brothers.

It had alleged that certain public servants & private persons in India & abroad had entered into a criminal conspiracy between 1982 & 1987 in pursuance of which the offences of bribery, corruption, cheating & forgery were committed.

The 1st charge sheet in the case was filed on 22nd October 1999, against Chadda, Ottavio Quattrocchi, the then defense secretary S.K. Bhatnagar, Ardbo & the Bofors company.

A supplementary charge sheet was filed against the Hinduja brothers on October 9, 2000.

A special CBI court in Delhi on March 4, 2011, had discharged Mr. Quattrocchi from the case saying the country couldn't afford to spend hard-earned money on his extradition which had already cost ₹250 crore.

Mr. Quattrocchi, who had fled from here on July 29-30, 1993, never appeared before any court in India to face prosecution.

He passed away on July 13, 2013. The other accused persons who died are Bhatnagar, Chadda & Ardbo.

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