"A joint reading of judgements of both the countries
(Argentina and Malaysia) would reveal that on facts of case,
both the countries expressed that offence of conspiracy and
cheating was not made out against Quattrocchi.
"As the terms of agreement between the Government of
India and Bofors did not prohibit the induction of foreign
agents in the contract and in any case, if there was a
violation of any term of contract, that only leads to civil
consequences and not penal consequences," the court noted.
The court also considered the submission of Additional
Solicitor General P P Malhotra that the Red Corner Notice was
withdrawn against 70-year-old Quattrocchi after the approval
of the then Attorney General Milon K Banerji as it was
"impinging very heavily upon the exchequer".
The judge also noted that the ASG had submitted that in
future no other country would allow the extradition
application of the government because of the aforesaid two
precedents of two different countries, which at the time of
considering extradition applications, considered the merits of
the case as well.
The court agreed with CBI that if the proceedings are
allowed to continue against Quattrocchi endlessly, then "that
would only amount to continuation of charge on the exchequer
with no hope of any fruitful result being produced in the
"On this account also, I find that the special
prosecutor has applied his independent mind and considered the
matter on the aforesaid lines," the judge said.
New Delhi: A Delhi Court, which discharged
Italian businessman Ottavio Quattrocchi from Bofors payoff
case, accepted CBI's reasoning that the judgements of two
foreign countries reflected that the offence of conspiracy and
cheating was not made out against him.
First Published: Friday, March 04, 2011, 22:38