The Central Bureau of Investigation (CBI) should not file a special leave petition (SLP) before the Supreme Court in a case related to the Bofors gun pay-off as it is likely to be dismissed, Attorney-General K.K. Venugopal has advised the government.
In a recent letter to the Department of Personnel and Training (DoPT), Mr. 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.
Legal opinion
The DoPT had sought legal opinion from the Attorney- General on the CBI’s request that it be allowed to file the SLP, sources said.
In a letter to the Secretary, DoPT, Mr. 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.
