Supreme Court judge Justice A.M. Khanwilkar, on Tuesday recused himself from hearing a 13-year-old PIL petition challenging the Delhi High Court’s discharge of Europe-based industrialists Hindujas in the Bofors guns pay-off case.
Justice Khanwilkar’s withdrawal comes after PIL petitioner and advocate Ajay Agarwal had sought the recusal of Chief Justice of India Dipak Misra.
The Bench hearing the PIL plea was led by Chief Justice Misra flanked by Justices Khanwilkar and D.Y. Chandrachud.
Mr. Agarwal had alleged that the CJI was ‘prejudiced’ and ‘bent upon’ dismissing the case without going into its merits.
Justice Khanwilkar’s recusal, however, is for personal reasons and is not connected, whatsoever, to Mr. Agarwal’s plea for the recusal of Justice Misra.
The plea for recusal was made after the CJI, in the previous hearing on January 16, questioned Mr. Agrawal’s right as a third party to appeal in the apex court in a criminal case. On Tuesday, after Justice Khanwilkar recused, the Bench agreed to refer the case to the Chief Justice, on the administrative side, to allocate it to an appropriate Bench for hearing. The court posted the case for March 28. Appearing for the CBI, Additional Solicitor General Tushar Mehta submitted that the agency has appealed the High Court decision to discharge the Hindujas in 2005. The appeals are being cured of defects in the SC Registry, CBI informed the Bench. The agency had moved the Supreme Court despite a negative legal opinion from Attorney-General K.K. Venugopal that such an appeal, delayed by over a dozen years, would surely face rejection in the hands of the apex court.
The 69-page appeal, however, defended the delay saying “crime never dies and lapse of time is no bar to proceed against offenders however powerful they may be.” The appeal challenges the Delhi High Court decision of May 31, 2005 to end all proceedings against Europe-based industrialist brothers S.P. Hinduja, G.P. Hinduja, P.P. Hinduja and M/s. Kartongen Kemi Och Forvaltning AB (formerly M/s AB Bofors) in the Bofors scam. The scandal, which rocked the Rajiv Gandhi government, involved the purchase of 400 hundred 155mm FH 77-B guns, equipment, ammunition, etc, from the Swedish company for ₹1473.72 crore in 1986-87.
