The Supreme Court on Tuesday asked the locus standi of Ajay Aggarwal, in filing an appeal in the Bofors case.
The court also said that it would be against criminal jurisprudence to permit a third party who is not connected to the case.
The apex court will hear the case on February 2.
Aggarwal, who is also a Bharatiya Janata Party (BJP) leader, had filed the plea in the top court seeking an early hearing in Rs. 64-crore Bofors pay-off case.
He challenged the Delhi High Court’s 2005 judgment, which quashed all charges against the Europe-based Hinduja brothers.
The Bofors scandal, relating to alleged payment of kickbacks in the procurement of howitzer artillery guns, rocked the then government under Rajiv Gandhi in the early 1990s.
The scandal triggered a massive political storm and led to the fall of his government.
The Central Bureau of Investigation (CBI) wanted to approach the Supreme Court in 2005 after the Delhi High Court quashed the Bofors case, but it was denied permission by the then UPA government.