More than 12 years after the Delhi High Court's order, the CBI on Friday approached the Supreme Court challenging quashing of charges against the accused in the Rs 64-crore Bofors pay-off case, citing "involvement of powerful people" as the reason for its "checkered history".
"In the present case, given the gravity of the offences and the weighty public interest involved, it is submitted that this court would decide this petition not on the basis of the time but on the touchstone of the necessity to ensure that the guilty do not escape the long arm of the law and go unpunished," it said.
The move to reopen the case comes days after Attorney General K K Venugopal advised the agency against filing a petition against the high court verdict due to delay of 12 years.
However, sources said law officers were in favour of the appeal as the CBI came out with "some important documents and evidence" to challenge the high court order.
With this, the CBI decided to go ahead with filing its appeal against the May 31, 2005, decision of the high court by which all accused, including Europe-based industrialists Hinduja brothers, Srichand, Gopichand and Prakashchand, and the Bofors company, were discharged.
The CBI "re-examined the matter" and the interview of private detective Michael Hershman to an Indian TV channel, wherein he stated he was in possession of material which would show the payment of bribes in Bofors deal. "The involvement of powerful persons may be the reason for the checkered history of this case. The statements made by Hershman go to the very root of the matter," it said.
The agency contended that significant subsequent events have completely overtaken the matter, and have necessitated the filing of the present petition related to purchase of Bofors guns from M/s AB Bofors (a Swedish company, for a consideration of Rs 1473.72 crore and payment of a "mind-boggling" sum of Rs 64 crore as "commission".
"Unfortunately, despite the best efforts of the petitioner, and the passage of the long period of time since then, the perpetrators are yet to be brought to book," the agency rued, contending the accused cannot be let off "scot-free" without trial as it would "jeopardise national and public interest".
The CBI reiterated that the government of the day and the then law officer had denied the agency permission to file a special leave petition.
Among others, the CBI also cited how the trial court disallowed its plea for examination of two Swedish witnesses, affecting the case. The CBI sought direction to set aside the high court order.
Earlier, the AG had advised the CBI to make out a case as a respondent in the petition filed by BJP leader Ajay Agarwal.