Not given permission to appeal in Bofors case: CBI to SC

The CBI submission was made before a bench which was hearing a plea by petitioner Ajay Kumar Agarwal

Eleven years after Hinduja brothers were discharged by the Delhi High Court in the Bofors pay-off case, the Central Bureau of Investigation (CBI) has informed the Supreme Court that authorities had not permitted it to file an appeal against the verdict.

The CBI submission was made before a bench headed by CJI TS Thakur which was hearing a plea by petitioner advocate Ajay Kumar Agarwal against the high court verdict.

The CBI counsel said on Thursday that the agency was not permitted to file an appeal against the May 31, 2005 judgement of the high court discharging Hinduja brothers - Srichand, Gopichand and Prakashchand - and AB Bofors company in the case.

When contacted, Agarwal said he was not aware that the case was listed on Thursday and he came to know about it only when CBI informed him that the matter will now come up for hearing in January 2017.

Agarwal, who is now in BJP, said he will pursue his appeal in the matter in which the previous United Progressive Alliance (UPA) government had preferred not to challenge the high court verdict.

"The high court's order is totally perverse. The reasoning given in it was wrong. The order is liable to be set aside. Prime facie, it was based on wrong premise," he said.

The apex court had on October 18, 2005 allowed Agrawal to file an appeal against the high court verdict in the absence of any appeal by CBI.

The high court had on May 31, 2005 quashed all charges against Hinduja brothers and Bofors company and had castigated CBI for its handling of the case, saying it had cost the exchequer around Rs 250 crore.

On February 4, 2004, the high court had directed framing of charge of forgery under Section 465 of IPC against the Bofors company.