Supreme Court judge, Justice A M Khanwilkar, on Tuesday recused himself from hearing a plea relating to the Rs 64-crore Bofors pay-off case.
A bench presided over by Chief Justice Dipak Misra and also comprising Justice D Y Chandrachud, ordered for listing the plea filed by a BJP leader and advocate Ajay Agrawal, challenging discharge of the Hinduja brothers, for consideraton before a new bench on March 28.
When the apex court bench was about to take up the plea by Agrawal, Justice Khanwilkar preferred to withdraw from the case. Agrawal was earlier asked by the bench to establish his locus standi.
The CBI told the court it had filed its appeal earlier this month against the May 31, 2005 decision of the Delhi High Court, by which all accused, including Europe-based industrialists Hinduja brothers, Srichand, Gopichand and Prakashchand, and the Bofors company were discharged.
The court was informed the special leave petition was pending with the registry due to technical defects.
On January 16, the bench had asked Agrawal to explain if third party intervention can be allowed in a criminal case. "How do you get affected? The appeal can be filed either by prosecutor or private complainant; there cannot be a third party intervention," the bench had told Agrawal, who was arguing in person. Subsequently, Agrawal filed an application seeking recusal of Chief Justice Misra from the case. Instead, on Tuesday, Justice Khanwilkar recused himself.
Agrawal had lost Parliamentary elections from Amethi constituency against then Congress president Sonia Gandhi. 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 clinched on March 24, 1986 during the tenure of Rajiv Gandhi as Prime Minister.
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