ID :
58062
Wed, 04/29/2009 - 04:03
Auther :
Shortlink :
https://www.oananews.org//node/58062
The shortlink copeid
CBI's action on Quattrocchi challenged in SC
New Delhi, Apr 28 (PTI) The decision of India's
premier investigating agency Central Bureau of Investigation
(CBI) to take off the name of Italian businessman Ottavio
Quattrocchi, a Bofors pay off case accused, from the list of
most wanted persons was Tuesday challenged in the Supreme
Court with the investigating agency being dubbed as a tool in
the hands of Congress-led UPA government.
An urgent application filed by advocate Ajay Agrawal
alleged CBI had at different stages "showered" favours on
Quattrocchi who has been declared a proclaimed offender by a
special court in Bofors case and the apex court should stay
the operation of any withdrawal of Red Corner notice against
him.
"This is a peculiar case wherein CBI has proved itself
to be a tool in the hands of the government, losing its image
of being the premier investigating agency of the country," the
application alleged and sought issuance of Red Corner notice
again against the Italian businessman who had been on the most
wanted list since 1997.
Agrawal, who had earlier moved the apex court in
January, 2006, against the defreezing of Quattrocchi's bank
account in London, said the Interpol should be informed
immediately so that Quattrocchi could be nabbed and produced
before Indian court.
The Interpol has taken Quattrocchi's name off the Red
Corner notice following a communication from CBI on the
basis of the opinion of Attorney General Milon K Banerji who
was approached by the agency last year for his view if it was
necessary to continue with alert notice.
The Attorney General cited the inability of CBI to
seek Quattrocchi's extradition on two occasions --first in
Malaysia in 2003 and then in Argentina in 2007--and opined
that the judgements in both the cases indicated that there was
no good ground for his extradition.
"....The warrant cannot remain in force forever.
Therefore, the warrant of February 1997 would lose its
validity, particularly in view CBI's successive failed
attempts to get the accused extradited from Malaysia and
recently from Argentina," Banerji said.
Referring to various opinions "procured by CBI" from
the top law officers since 2004 when the UPA government
assumed power, the advocate said "the central government did
not spare the top law officers of the country from being used
as its tool to first facilitate the release of money lying in
sealed account at BSIAG Bank at London...".
The application said the money was defrozen from the
London Bank after a Additional Solicitor General B Dutta had
gone there on the basis of the legal opinion of his colleague
K P Pathak who had given "unsolicited legal opinion in regard
to Quattrocchi".
Agrawal had filed the petition in March 2007 accusing
CBI and its Director of consistently misleading the court over
the extradition proceedings initiated against Quattrocchi, has
questioned the conduct of CBI in handling the case which
"shows complete betrayal with the people of the country
besides being a criminal contempt of this court.
During a hearing on September 5 last year, the
advocate had alleged "it is ex-facie clear that CBI is helping
Quattrocchi ever since the change of guard 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."
Agrawal, who had also filed an application questioning
the government's effort in securing the foreign national's
extradition from Argentina after he was detained there on
February 6, 2007, had said the El Dorado court in that country
rejected India's request as the original arrest order of 1997
by a court here was not produced by the CBI.
CBI had said non-existence of any extradition treaty
with Argentina came in the way of getting back Quattrocchi who
was detained 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. PTI RKS
PMR
NNNN
premier investigating agency Central Bureau of Investigation
(CBI) to take off the name of Italian businessman Ottavio
Quattrocchi, a Bofors pay off case accused, from the list of
most wanted persons was Tuesday challenged in the Supreme
Court with the investigating agency being dubbed as a tool in
the hands of Congress-led UPA government.
An urgent application filed by advocate Ajay Agrawal
alleged CBI had at different stages "showered" favours on
Quattrocchi who has been declared a proclaimed offender by a
special court in Bofors case and the apex court should stay
the operation of any withdrawal of Red Corner notice against
him.
"This is a peculiar case wherein CBI has proved itself
to be a tool in the hands of the government, losing its image
of being the premier investigating agency of the country," the
application alleged and sought issuance of Red Corner notice
again against the Italian businessman who had been on the most
wanted list since 1997.
Agrawal, who had earlier moved the apex court in
January, 2006, against the defreezing of Quattrocchi's bank
account in London, said the Interpol should be informed
immediately so that Quattrocchi could be nabbed and produced
before Indian court.
The Interpol has taken Quattrocchi's name off the Red
Corner notice following a communication from CBI on the
basis of the opinion of Attorney General Milon K Banerji who
was approached by the agency last year for his view if it was
necessary to continue with alert notice.
The Attorney General cited the inability of CBI to
seek Quattrocchi's extradition on two occasions --first in
Malaysia in 2003 and then in Argentina in 2007--and opined
that the judgements in both the cases indicated that there was
no good ground for his extradition.
"....The warrant cannot remain in force forever.
Therefore, the warrant of February 1997 would lose its
validity, particularly in view CBI's successive failed
attempts to get the accused extradited from Malaysia and
recently from Argentina," Banerji said.
Referring to various opinions "procured by CBI" from
the top law officers since 2004 when the UPA government
assumed power, the advocate said "the central government did
not spare the top law officers of the country from being used
as its tool to first facilitate the release of money lying in
sealed account at BSIAG Bank at London...".
The application said the money was defrozen from the
London Bank after a Additional Solicitor General B Dutta had
gone there on the basis of the legal opinion of his colleague
K P Pathak who had given "unsolicited legal opinion in regard
to Quattrocchi".
Agrawal had filed the petition in March 2007 accusing
CBI and its Director of consistently misleading the court over
the extradition proceedings initiated against Quattrocchi, has
questioned the conduct of CBI in handling the case which
"shows complete betrayal with the people of the country
besides being a criminal contempt of this court.
During a hearing on September 5 last year, the
advocate had alleged "it is ex-facie clear that CBI is helping
Quattrocchi ever since the change of guard 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."
Agrawal, who had also filed an application questioning
the government's effort in securing the foreign national's
extradition from Argentina after he was detained there on
February 6, 2007, had said the El Dorado court in that country
rejected India's request as the original arrest order of 1997
by a court here was not produced by the CBI.
CBI had said non-existence of any extradition treaty
with Argentina came in the way of getting back Quattrocchi who
was detained 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. PTI RKS
PMR
NNNN
