Justice Khanwilkar has recused himself, the CJI said the matter will be listed before a new bench. The CBI informed the court that it had also filed a Special Leave Petition against the HC order on February 2.
The plea filed by BJP leader Ajay Agrawal, challenging the May 31, 2005 order of Delhi HC, was listed before a three-judge bench comprising Chief Justice of India Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.
Agrawal, who had unsuccessfully contested the 2014 Lok Sabha election from Rae Bareli againstĀ Sonia Gandhi, has been pursuing the case for over a decade in SC Justice R S Sodhi (since retired) had delivered the May 31, 2005 judgment in which charges were quashed against Europe-based Hinduja brothers.
On February 4, 2004, another Delhi HC judge, retired Justice J D Kapoor, had exonerated late PMĀ Rajiv GandhiĀ in the case but directed framing of forgery charge against Swedish arms manufacturer A B Bofors.
The Supreme Court has adjourned hearing in the Bofors payoff case until March 28.