An application was moved in the Supreme Court on Tuesday challenging the CBI's decision to take off the name of Italian businessman
Ottavio Quattrocchi, a Bofors pay off case accused, from the list of most wanted persons.
The urgent application filed by advocate Ajay Agrawal sought the direction of the apex court to stay the operation of any withdrawal of red corner notice against Quattrocchi who has not submitted himself to Indian court in connection with the Bofors case.
Agrawal, who had earlier moved the apex court in January 2006 against the defreezing of Quattrocchi's bank account in London, sought issuance of red corner notice again.
Agrwal said the Interpol should be informed immediately so that Quattrocchi could be nabbed and produced before Indian court.
Following a communication from the CBI, the Interpol has taken Quattrocchi's name off the red corner notice.
CBI had approached Attorney General Milon K Banerji last year for an opinion as to whether to continue with the red corner notice issued by Interpol against Quattrocchi as the notice has to be renewed every five years.
The Attorney General cited 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 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.
The advocate had alleged CBI has not placed before the court all the documents relating to Quattrocchi's extradition from Argentina. He had alleged the government had "deliberately" not tried hard to get the Italian businessman extradited.
The advocate had sought disclosure of confidential material, including opinions of CBI and law officers of the Centre, which allegedly facilitated the rejection of India's request for Quattrocchi's extradition.
He had claimed the Indian authorities had concealed from the Argentine court that the Supreme Court here has already admitted a petition challenging the Delhi High Court's 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 CBI had failed to approach the apex court within the mandatory 90-day period.
The High Court had quashed the charges after Additional Solictor General Bhagwan Dutta had conceded that CBI was unable to get either the authenticated or originals of Swiss documents on the basis of which the investigating agency had proceeded against the accused.
CBI has not filed any appeal against the High Court verdict. Agrawal has also filed a contempt petition against former CBI Director Vijay Shanker for allegedly misleading the court over the extradition proceedings initiated against the Italian businessman.
No comments:
Post a Comment