New Delhi : Congress leader and former law minister Ashwani Kumar has alleged that the CBI’s decision to move the Supreme Court in the Bofors case was “politically motivated” and a “gross act of malice” and held that the matter will be decided in the “peoples’ court”.

With the government deciding to go ahead with an appeal in the case against the legal opinion of the Attorney General, yet another constitutional institution had been weakened, he alleged, reports PTI.

“The politically-motivated decision of the government is a gross act of malice. The question that begs itself is whether this is a case of lawful prosecution or political persecution. The matter will finally be decided in the peoples’ court,” he said in a statement.

The former law minister said the decision of the CBI to move court in the Bofors case was an “unprecedented negation” of the “sanctity of the considered legal opinion” of the Attorney General.

“Yet another constitutional institution stands weakened,” he said. The move, he said, was a “brazen infraction of judicial norms” and the settled principle of jurisprudence that criminal prosecution must not be allowed to go on endlessly and that there should be a finality to litigation. The law of limitation cited by the Attorney General in support of his opinion was based on this principle, he noted.

Michael Hershmam, president of the US-based private detective firm Fairfax, had alleged in a television interview last year that the Rajiv Gandhi-led Congress government had sabotaged his investigation into the case.

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