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| CBI says prosecution of "Q" unjustified, seeks closure of case |
| Press Trust of India / New Delhi Oct 03, 2009, 13:41 IST |
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CBI today moved a local court for the legal burial of the two-decade-old Bofors pay-off case by seeking withdrawal of the case against Italian businessman Octtavio Quattrocchi on the ground that "continuance of his prosecution will be unjustified".
The agency said it has arrived at this conclusion after its failure on two occasions to extradite the 69-year-old businessman from Malaysia and Argentina to face trial.
The CBI, which also relied on various other factors including the Delhi High Court judgements quashing charges against all other co-accused to justify its decision, said that the application to withdraw the case has been filed in good faith and in public interest.
"In any event, the attempts to secure the presence of Quattrocchi from Malaysia and Argentina have failed. I find that the Malaysian court has also touched upon the merits of the case," Additional Solicitor General P P Malhotra and advocate Naveen K Matta submitted before Chief Metropolitan Magistrate Kaveri Baweja.
The court, however, refused to pass any order on CBI's plea after advocate Ajay Agrawal objected to the probe agency's move and submitted that it is trying to close the case despite having sufficient evidence.
The court asked the CBI to file its response on Agrawal's application and posted the matter for further hearing on October 9.
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"It is considered expedient in the interest of justice that the proceedings against him should not be continued and be withdrawn," the ASG said, adding, "it is humbly and respectfully prayed that the court may consent to the withdrawal of the case."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.
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