NEW DELHI: Justice AM Khanwilkar, one of the three Supreme Court judges expected to hear the appeal into the politically sensitive Bofors case, today recused himself from the case. The judge did not cite any reasons for opting out of the bench.
Chief Justice Dipak Misra said he will constitute a new bench and put off the hearing to 28 March.
The Supreme Court does not have any explicit rules around judges recusing themselves from hearing a case where which they may have dealt with in a different capacity and have had an interest.
The top court had taken up a petition by a BJP leader Ajay Agrawal that challenged the 2005 judgment of the Delhi High Court quashing the Bofors case against UK-based industrialists, the Hinduja brothers, and the Swedish firm.
The Bofors case revolved around allegations that Swedish defence manufacturer Bofors paid huge kickbacks to former Prime Minister Rajiv Gandhi and others for the sale of its artillery gun to India.
The 1986 Bofors howitzer gun deal devastated the Congress government of Rajiv Gandhi and ruined the party's prospects of returning to power for several years.
Last October, the CBI had indicated that it was considering an appeal against the High Court decision after Michael Hershman, a private detective from US-based firm Fairfax, alleged that the Rajiv Gandhi government had sabotaged his investigation into the case.
Chief Justice Dipak Misra said he will constitute a new bench and put off the hearing to 28 March.
The Supreme Court does not have any explicit rules around judges recusing themselves from hearing a case where which they may have dealt with in a different capacity and have had an interest.
The top court had taken up a petition by a BJP leader Ajay Agrawal that challenged the 2005 judgment of the Delhi High Court quashing the Bofors case against UK-based industrialists, the Hinduja brothers, and the Swedish firm.
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The Bofors case revolved around allegations that Swedish defence manufacturer Bofors paid huge kickbacks to former Prime Minister Rajiv Gandhi and others for the sale of its artillery gun to India.
The 1986 Bofors howitzer gun deal devastated the Congress government of Rajiv Gandhi and ruined the party's prospects of returning to power for several years.
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Last October, the CBI had indicated that it was considering an appeal against the High Court decision after Michael Hershman, a private detective from US-based firm Fairfax, alleged that the Rajiv Gandhi government had sabotaged his investigation into the case.
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