The CBI probe into the Bofors case relating to the alleged Rs 64 crore kickbacks in the purchase of the Swedish artillery guns will continue, the CBI said here on Thursday.
“In view of certain revelations made by one Michael Hershman, CBI sought the permission of the trial court to conduct further investigation in the Bofors case,” CBI spokesperson Nitin Wakankar said in a statement.
The CBI spokesperson said on May 8 this year, 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 May 16, 2019 in the court of CMM, Rouse Avenue Courts, New Delhi, stating that for conducting further investigation under section 173 (8) of Cr.PC (Criminal Procedure Code), permission of the court is not mandatorily required by CBI and an intimation to the court in this regard will suffice,” Wakankar said.
He further said the probe in the Bofors case will continue. The agency’s response came after it withdrew from a Delhi court its application to seek permission to further probe the politically sensitive Rs 64 crore Bofors payoff case for which the CBI has already spent
crores of rupees in investigation without any convictions in the case.
Meanwhile, the agency on Thursday withdrew from the special court a 2018 application that had sought permission to further probe the Bofors case.
The agency told Chief Metropolitan Magistrate Navin Kumar Kashyap that it wants to withdraw the application filed on February 1, 2018.
The CBI had moved the trial court seeking permission for further probe in the matter saying it had come across fresh material and evidence.
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.”
The court had on December 4, 2018 questioned as to why the Central Bureau of Investigation (CBI) required its permission to further probe the matter.
The CBI had also filed an appeal in the Supreme Court on February 2, 2018 against the May 31, 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 an order to condone the 13-year delay in filing the appeal against the high court judgment.