ID :
82869
Sat, 10/03/2009 - 20:22
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https://www.oananews.org//node/82869
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COURT-QUATTROCCHI 2 LAST
The CBI, however, submitted that the advocate has no locus
in the case and he should not be heard by the court.
The agency refuted the allegations that its decision to
close the case has been taken due to extraneous consideration
and said that it was done in public interest.
The ASG said the court has a limited role in deciding the
application and the CBI's plea can only be turned down on the
ground that it has been filed under extraneous considerations
and the investigating agency has not applied its mind.
"The present application for withdrawal is being filed
bonafide, in good faith and in public interest. I find the
continuance of the prosecution against Quattrocchi will be
unjustified," Malhotra said.
"It is considered expedient in the interest of justice
that the proceedings against him should not be continued and
be withdrawn," the ASG said, adding, "it is humbly and
respectfully prayed that the court may consent to the
withdrawal of the case."
Quattrocchi, the sole surviving accused in the
two-decade-old case after the Delhi High Court quashed the
charges on May 31, 2005 against other accused, has never
appeared before any court in the country.
CBI had failed on two occasion in its attempt to extradite
Quattrocchi -- first from Malaysia in 2003 and then from
Argentina in 2007.
Earlier, the CBI had asked the Interpol to take
Quattrocchi's name off the Red Corner notice. PTI
in the case and he should not be heard by the court.
The agency refuted the allegations that its decision to
close the case has been taken due to extraneous consideration
and said that it was done in public interest.
The ASG said the court has a limited role in deciding the
application and the CBI's plea can only be turned down on the
ground that it has been filed under extraneous considerations
and the investigating agency has not applied its mind.
"The present application for withdrawal is being filed
bonafide, in good faith and in public interest. I find the
continuance of the prosecution against Quattrocchi will be
unjustified," Malhotra said.
"It is considered expedient in the interest of justice
that the proceedings against him should not be continued and
be withdrawn," the ASG said, adding, "it is humbly and
respectfully prayed that the court may consent to the
withdrawal of the case."
Quattrocchi, the sole surviving accused in the
two-decade-old case after the Delhi High Court quashed the
charges on May 31, 2005 against other accused, has never
appeared before any court in the country.
CBI had failed on two occasion in its attempt to extradite
Quattrocchi -- first from Malaysia in 2003 and then from
Argentina in 2007.
Earlier, the CBI had asked the Interpol to take
Quattrocchi's name off the Red Corner notice. PTI