Author: PTI
Publication: The Times of India
Date: April 28, 2009
http://timesofindia.indiatimes.com/CBI-letting-off-Quattrocchi-challenged-in-SC/articleshow/4459847.cms
The CBI's decision to withdraw the Red Corner
Notice against Italian businessman Ottavio Quattrocchi in the Rs 64 crore
Bofors payoff case was challenged in the Supreme Court on Tuesday.
The challenge came through a hurriedly drafted
18-page application by advocate Ajay Agrawal that was filed in the SC Registry
minutes before the court closed for the day.
Agrawal moved the application in his PIL,
pending since 2006, challenging CBI's lackadaisical approach in getting Quattrocchi
extradited from Argentina, where Interpol authorities had arrested him on
the basis of the Red Corner Notice issued at the request of CBI.
The PIL has also questioned the manner in
which the UPA government had given consent in 2006 to the Crown Prosecution
of UK to defreeze Quattrocchi's bank account, which was lying frozen since
2003 on the allegation that part of Bofors payoff money was deposited there.
In his application in the pending PIL, Agrawal
requested the apex court to set aside the CBI's decision to withdraw the Red
Corner Notice against Quattrocchi. He has also pleaded that the Red Corner
Notice be reissued against the Italian businessman, who should be arrested
and produced before the concerned court in India for trial.
He said the CBI and the government have done
enough "flip flops" on the issue and alleged that both have shown
disrespect to the apex court's orders. Giving an instance, he said despite
the January 16, 2006, order directing status quo in the defreezing of Quattrocchi's
London bank account, the government and CBI did nothing to prevent the money
from being withdrawn immediately by Quattrocchi.
"It is clear from the conduct of the
CBI top officials and the government of India that they wanted Quattrocchi
to get the frozen money and for that purpose the government sent its law officer
to London to facilitate the release," Agrawal alleged.
He also cited the October 7, 2005, unsolicted
opinion of additional solicitor general, Kalyan Pathak, who was asked to give
an opinion whether or not CBI should appeal against the May 31, 2005, judgment
of the Delhi High Court giving a clean chit to the Hinduja brothers. But,
he went on to opine that Quattrocchi was not a fugitive and no case against
him would stand in the Indian court.
