Once the Law Ministry (read the Government) had ruled, the then CBI Director U S Misra fell in line. “In view of the opinion of the Law Department,” he said, “there is no merit in the case to file SLP in the Supreme Court against the order of High Court.”

The way in which the 2004 High Court order remained unchallenged is, perhaps, the most brazen instance of the CBI immediately changing its line of investigation in the Bofors case with regime change at the Centre.

Records obtained by The Indian Express show that before the UPA came to power, the CBI’s key investigators in the case (between February-April 2004) had recommended filing the SLP. These included N Natrajan, Chief Public Prosecutor in the case who prepared a 12-page opinion for an appeal; and Deputy Legal Advisor U R Prasad.

On April 24, 2004, barely three weeks before the UPA came to power, CBI’s Director of Prosecution S K Sharma stated: “Both these counsel have recommended to go in for SLP against the order of the Delhi High Court. We may act accordingly and send a proposal to the Cabinet Secretariat for instructin g the Central Agency Section to file the SLP in Supreme Court.”

This is the same Sharma who has now argued for withdrawing the Red Corner Notice under the UPA Government.

The 28-page draft SLP, in fact, is with The Indian Express. Questioned on this sudden turnaround after their Government came to power, Law Minister H R Bhardwaj today said if a draft SLP existed, it was not forwarded to the Law Ministry.

... contd.