CBI drops Bofors probe plea, does U-turn after court docket says it’s shocked

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Chief Metropolitan Justice of the Peace Navin Kumar Kashyap noticed that “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”.

A Delhi court docket Thursday allowed the CBI to withdraw its software to additional examine the Bofors case, however stated it was
“surprised” by the stand of the investigating company.

Later, the CBI issued an announcement saying “probe in Bofors case to continue” and detailing the court docket statement that its nod was not wanted for a probe.

Chief Metropolitan Justice of the Peace Navin Kumar Kashyap noticed that “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”.

“However, it is surprised… if the court would not have given permission to further investigate the matter, it would have been against the larger public interest,” the CMM stated. “They have filed the application for permission to probe the matter on the ground that they have come across fresh material and evidence. Now, if they want to withdraw, it is allowed accordingly.”

The court docket additionally noticed that the CBI can place all recordsdata associated to the case within the court docket provided that they want to proceed within the matter. It reiterated that the CBI didn’t want the court docket’s permission to probe the case as they’ll independently examine the case.

Later, the CBI, in an announcement, stated: “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. The Court of CMM, Rouse Avenue Courts, New Delhi had observed on May 8, 2019 that when independent right and power is available with 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 and fixed the next date of hearing on 16.05.2019.”

“After obtaining legal opinion, CBI filed an application on 16.05.2019 in the Court of CMM, Rouse Avenue Courts, New Delhi stating that for conducting further investigation u/s 173 (8) Cr.PC, permission of the court is not mandatorily required by CBI and an intimation to the court in this regard will suffice,” the CBI stated.

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