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"The CBI and CVC are appealing against the judgment of the high court in the Bofors case where the court held that the CBI must get approval of the CVC before filing of the charge sheet," Central Vigilance Commissioner N Vittal said in Delhi.
Asked whether it was mandatory for the CBI to seek its clearance before filing charge sheets in corruption cases, Vittal said, "It is a matter of interpretation."
"In the Vineet Narain case, the Supreme Court had only given to the CVC the power of superintendence over the CBI," he explained.
If the CVC's clearance before filing of a charge sheet were mandatory, then what would happen to the 3,000-odd cases being dealt with by the investigation agency, Vittal asked.
The high court on June 10 had quashed the CBI charge sheet against three Hinduja brothers in the Rs 640 million (Rs 64 crore) Bofors payoff case for want of clearance from the CVC citing the guidelines laid down by the Supreme Court.
The ruling by Justice R S Sodhi had nullified the work of the trial court in this case and all consequential proceedings against the Hindujas.
However, the court had given the CBI the liberty to file a fresh charge sheet after following the procedure laid down by the apex court in the Vineet Narain case.
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