Bofors case: CBI helping Quattrocchi, advocate tells SC

Saturday, September 6, 2008 at 11:09 am

The CBI is “helping” Italian businessman Ottavio Quattrocchi, an accused in the Bofors case, after the UPA government came into power in 2004, an advocate today (September 5) alleged in the Supreme Court. “It is ex-facie clear that the CBI is helping Quattrocchi ever since the change of guards at the Centre after the General Elections in 2004 in the country and at every step CBI is facilitating Quattrocchi so that he may go free from the Bofors investigation,” advocate Ajay Agrawal said in an affidavit.

The advocate, who had filed an application questioning government’s effort in securing the foreign national’s extradition from Argentina after he was detained on February 6, 2007, said the El Dorado court declined India’s request as the original arrest order of 1997 by a court here was not produced by the CBI. He was responding to the order passed by the Argentinian court, the translated copy of which was provided to him by the Centre.

While the advocate was making allegations against the CBI, ASG Gopal Subramanium told a Bench headed by Chief Justice K G Balakrishnan that wild charges cannot be levelled. “If he is aggrieved by any order he should file a substantial petition,” the ASG said.

He said non-existence of any extradition treaty with Argentina came in the way of getting back Quattrocchi, who was detained on February 6, 2007 at the Iguazu International Airport on the basis of a Red Corner notice issued by Interpol and later released on bail on February 23, 2007. Quattrocchi, 69, walked to freedom after the El Dorado court rejected India’s plea for his extradition on June 8, 2007. He has not yet appeared in any of the hearings in the Indian court.

Besides questioning CBI’s effort in Argentina, the advocate also referred to the defreezing of the Italian businessman’s bank account in London in 2006 to substantiate the allegation that the accused was being helped by the CBI. “Defreezing of accounts in London and facilitating syphoning off money from the frozen account, facilitating Quattrocchi’s freedom by withholding relevant documents and court’s orders (Indian) from Argentinian court are just the tip of the iceberg of the favours being bestowed by CBI to Quattrocchi,” the affidavit by the advocate said.

Agrawal had earlier moved the apex court against the defreezing of Quattrocchi’s bank account in London. At an earlier hearing, the Centre had brushed aside the allegation that it was covertly assisting the Italian businessman. It was alleged that the opinion of CBI Director, and the Government’s law officers relating to the case were supplied to Quattrocchi’s counsel in Argentina.

The advocate in March 2007 had filed a contempt petition against the then CBI Director Vijay Shanker alleging that the agency consistently misled the court over the extradition proceedings initiated against Quattrocchi. All the three issues are pending and the Bench today posted them for final disposal in October.

The advocate alleged that the CBI has not placed before the court all documents relating to Quattrocchi’s extradition from Argentina. He alleged that the government had “deliberately” failed in extraditing the Italian businessman from Argentina. The advocate sought disclosure of confidential material, including opinions of CBI and law officers of the Centre which allegedly facilitated in the rejection of India’s request for Quattrocchi’s extradition.

He has claimed that Indian authorities had concealed from the El Dorado Court that the Supreme Court here has already admitted a petition challenging the Delhi High Court verdict quashing charges against other accused in the case. Agrawal had filed the appeal against the May 31, 2005 judgement of the High Court after the CBI had failed to approach the apex court within the mandatory 90-day period.

(With inputs from PTI)

( This post is from an independent writer. The opinions and views expressed herein are those of the author and are not endorsed by APakistanNews.Com.)

Bofors case: CBI helping Quattrocchi, advocate tells SC

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