Khanwilkar recuses from hearing Bofors case in SC

A new bench of the Supreme Court will hear the plea for the revival of the `64 crore Bofors case after Justice A.M. Khanwilkar announced on Tuesday that he was recusing himself from the case. One of the three judges who was hearing the case, Justice Khanwilkar did not give any reason for his decision.

During the resumed hearing of the petition filed by advocate Ajay Agarwal challenging the Delhi High Court’s discharge of UK-based industrialists Hindujas in the Bofors guns pay-off case, Justice Khanwilkar told the counsel that he was recusing himself. The CJI then said that the matter would be posted before another bench for hearing on March 28.

Mr Agarwal had sought the recusal of Chief Justice of India Dipak Misra alleging that he was “prejudiced” and “bent upon” dismissing the politically sensitive case without going into its merits. The bench hearing the PIL was led by CJI Misra, Justices Khanwilkar and D.Y. Chandrachud.

Mr Agarwal said he was compelled to file the petition against the high court judgement as the Central Bureau of Investigation had failed to approach the apex court with a Special Leave Petition against the verdict.

On behalf of the CBI, it was brought to the court’s notice that an appeal was filed earlier this month. Appearing for the CBI, additional solicitor general Tushar Mehta submitted that the agency has appealed the high court’s decision to discharge the Hindujas in 2005, and that the appeals are being cured of defects in the SC registry.