The CBI probe into the Bofors case, pertaining to the alleged Rs 64 crore kickbacks in the purchase of the Swedish artillery guns, will continue, officials said on Thursday, 16 May.
"In view of certain revelations made by one Michael Hershman, the CBI sought the permission of the trial court to conduct further investigation in the Bofors case," said CBI spokesperson Nitin Wakankar.
He said on 8 May 2019, the court had observed that when independent right and power is available with the CBI to further investigate the matter on their own, if in their wisdom it is necessary to do so then, why still such application is being filed in the court.
"After obtaining legal opinion, CBI filed an application on 16 May, 2019 in the court of CMM, Rouse Avenue Courts, New Delhi, stating that for conducting further investigation under section 173(8) of CrPC, permission of the court is not mandatorily required by CBI and an intimation to the court in this regard will suffice," he said.
He said the probe in the Bofors case will continue.
CBI Withdraws Application For Further Probe in Bofors Case
The agency's response came after it withdrew from a Delhi court its application to seek permission to further probe the politically Bofors case.
The agency had told Chief Metropolitan Magistrate Navin Kumar Kashyap that it wants to withdraw the application filed on 1 February 2018.
Taking note of CBI's stand, the judge said: "For the reason best known to the CBI, in case they want to withdraw the application, they have the right as they are the applicants."
CBI Challenged HC’s Order Acquitting All Accused
Earlier, the CBI had filed an appeal in the Supreme Court on 2 February 2018, against the 31 May 2005, verdict of the Delhi high Court discharging all the accused in the case.
The apex court had on November 2, 2018 dismissed CBI's appeal in which it had sought condonation of the 13 year delay in filing the appeal against the high court judgment.
The apex court had said that it was not convinced with the grounds of the CBI to condone over 4,500 days' delay in filing the appeal.
However, other appeals is still alive in the apex court in which CBI is one of the respondents and the top court on 2 November 2018, said that the agency can assist in the matter as respondent.
The apex court said the CBI can raise all grounds in the appeal against the high court verdict filed by advocate Ajay Agrawal who has also challenged the judgement.
Agrawal, who has now become a rebel BJP leader after he was denied Lok Sabha ticket from Rai Bareilly in Uttar Pradesh, in 2005 had challenged the high court verdict after the CBI did not file the appeal in the mandatory 90 days period.
The agency had swung into action for a permission for further probe in the case after the Attorney General had orally given it a go ahead to file the appeal in the case in which it cited the October 2017 interview of private detective Michael Hershman, alleging that the then Rajiv Gandhi government had sabotaged his probe.
Justice R S Sodhi (since retired) of the Delhi High Court had on 31 May 2005, quashed the CBI case in the Bofors pay-off scam.
Before the 2005 verdict of Justice Sodhi, another judge of the Delhi High Court, Justice J D Kapoor (since retired), had on 4 February 2004, exonerated the late prime minister in the case and directed the framing of charge of forgery under section 465 of the IPC against Bofors company.
The Rs 1,437-crore deal between India and Swedish arms manufacturer AB Bofors for the supply of 400 155mm howitzer guns for the Indian Army was entered into on 24 March 1986.
Swedish Radio on 16 April 1987, claimed that the company had paid bribes to top Indian politicians and defence personnel.
The CBI on 22 January 1990, registered the FIR for alleged offences of criminal conspiracy, cheating and forgery under the India Penal Code and 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 alleged that certain public servants and private persons in India and abroad had entered into a criminal conspiracy between 1982 and 1987 in pursuance of which the offences of bribery, corruption, cheating and forgery were committed.
The first charge sheet in the case was filed on 2 October 1999, against Chadda, Ottavio Quattrocchi, the then defence secretary S K Bhatnagar, Ardbo and the Bofors company.
A supplementary charge sheet was filed against the Hinduja brothers – S P Hinduja, G P Hinduja and P P Hinduja – on 9 October 2000.
A special CBI court in Delhi on 4 March 2011, had discharged Quattrocchi in the case, saying the country could not afford to spend hard-earned money on his extradition which had already cost Rs 250 crore.
Quattrocchi, who had fled from India on 29-30 July 1993, never appeared before any court in India to face prosecution. He passed away on 13 July 2013. The other accused who died are Bhatnagar, Ardbo and Chadda.
(This story is updated with inputs from two separate PTI copies )