NEW DELHI: Thirteen years after entertaining an appeal challenging quashing of cases against the Hinduja brothers in the 30-year-old Bofors scam case, the Supreme Court on Tuesday asked whether an advocate, unconnected with the matter, had the locus standi to file an appeal in a criminal matter."A bystander cannot file an appeal in a criminal case. This will be dangerous criminal law jurisprudence. If a bystander is allowed to file appeal in a criminal case, then any citizen can file an appeal in acquittal in any criminal case anywhere in the country. That is why criminal jurisprudence limits the right to file appeal to only relatives of the victim," a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said.The appeal was filed by advocate Ajay Agrawal, a BJP member who had challenged the Delhi High Court's 2005 decision to quash the Bofors case, which broke in 1987 and shook the Rajiv Gandhi-led Congress government.However, senior advocate Kapil Sibal , who was sitting in the front row, suggested to the bench that it examine the locus standi of the petitioner, who was an advocate and had nothing to do with the case either as a complainant or otherwise. Agrawal tried to defend his locus by saying this was a case of political corruption and that the HC had erred in ignoring evidence to quash the case.The bench appeared to appreciate Sibal's stand and was about to dismiss the appeal when Agrawal sought time to find judgments which permitted a third party to file appeals in criminal cases. Additional solicitor general Maninder Singh too cited a few judgments to support Agrawal's locus standi.The bench said, "Near relatives of the victim can surely come to the court seeking revision of a judgment. But how can a bystander come to the court in a criminal case? How can persons unrelated to a criminal case file appeal? This is troubling us. Earlier, PIL jurisdiction was created to give relief to the poor and illiterate. But it is now used for personal interest, commercial interest and political interest." The court adjourned hearing to February 2.The court's stand, if it translates into a judgment, could hurt PILs seeking filing of a criminal case and investigation by an independent agency into the death of special CBI judge B H Loya, who died when he was conducting trial into Sohrabuddin Sheikh 's fake encounter case in which BJP chief Amit Shah was an accused. A month after Loya 's death, Shah and others were acquitted.All the PILs in Loya case have been filed by advocate associations or individuals who had no connection with the judge. Their locus standi would be questioned, especially with Loya's near relatives saying they suspected no foul play in the death.In 2005, the SC had entertained the appeal and issued notices to Srichand and Gopichand Hinduja. The CBI did not file an appeal in 2005 and has now claimed that the then UPA government did not permit it to do so despite the agency having decided to appeal against the HC judgment.ASG Maninder Singh had a difficult time explaining why the CBI did not file an appeal.