An advocate who is also a petitioner in the Bofors case has written to Attorney General of India, K K Venugopal to immediately direct the CBI to file an affidavit in the case.
The advocate-petitioner Ajay Agarwal urged the AG to direct the CBI to file an affidavit immediately in the Bofors case with all necessary documents.
The letter by Agarwal comes in the wake of the AG writing to the government advising it not to file a special leave petition in the Bofors case. Venugopal had advised that the CBI should present its stand in a similar case pending before the court in which the agency is also a party.
The AG while giving his opinion advised the government not to file an SLP in the Supreme Court on the ground that it is likely to be dismissed. Venugopal said the CBI should present its stand in a similar case pending before the court, in which the agency is also a party.
The CBI said it wanted to file an SLP challenging the Delhi High Court order of May 31, 2005, quashing all charges against the Europe-based Hinduja brothers in the Bofors case.
The CBI had on January 22, 1990, registered a First Information Report (FIR) for alleged criminal conspiracy, cheating and forgery under the Indian Penal Code (IPC), and sections of the Prevention of Corruption Act, 1988, against Martin Ardbo, then president of Swedish arms manufacturer Bofors AB, alleged middleman Win Chadha, and the Hindujas.
The DoPT had sought legal opinion from the Attorney- General on the CBI's request that it be allowed to file the SLP, PTI reported while quoting sources.
In a letter to the Secretary, DoPT, Venugopal said, "Now, more than 12 years have elapsed. Any SLP filed before the Supreme Court at this stage, in my view, is likely to be dismissed by the court on account of the long delay itself." He said the record did not reveal any significant events or special circumstances that could be said to constitute sufficient cause for not approaching the Supreme Court within the 90 days permitted by law, or at any time thereafter in the past so many years.