Difficulty in extraditing "Q" ground for dropping case: CBI
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Last Updated: Friday, October 02, 2009, 21:32
New Delhi: CBI will be seeking closure of case against Italian businessman Ottavio Quattrocchi in the Bofors pay-off case by telling a Delhi Court tomorrow that it is difficult to extradite him for his prosecution.

"It is difficult to secure his presence for prosecution," government law officers said adding it is going to be one of the main grounds which CBI will cite before the trial court for withdrawal of case against Quattrocchi.

The nine-page application drafted by the senior law officers of the Centre, which is to be filed before Chief Metropolitan Magistrate, will also refer to the two judgements of the Delhi High Court which quashed all charges against the other key accused in the case to justify dropping of case against the 69-year-old Italian businessman.

Quattrocchi, the sole accused in the two-decade-old case after the High Court quashed the charges on May 31, 2005 against other accused, has never appeared before any court in the country.

The application will also point out that a February 4, 2004 verdict of the High Court had held that there was not a rubble of evidence under the Prevention of Corruption Act and no appeal was filed against the decision.

The inability of the Centre to seek Quattrocchi's extradition on two occasions --first from Malaysia in 2003 and then from Argentina in 2007-- is also to be mentioned by CBI as one of the reasons for withdrawing the case against Quattrocchi.

Earlier, CBI had requested the Interpol to take Quattrocchi's name off the Red Corner notice in November last year on the basis of the opinion of the then Attorney General Milon K Banerji.

CBI, which is probing the politically sensitive case, will be filing the closure report tomorrow before Chief Metropolitan Magistrate Kaveri Baweja.

The stand of CBI will, however, be opposed by advocate Ajay Agrawal who had yesterday filed an application in the court in his personal capacity pleading it to reject any move by the investigating agency to withdraw the case against Quattrochhi.

Agrawal had filed the application two days after the government informed the Supreme Court on September 29 that it has decided to drop the case against Quattrocchi saying it could not be kept pending forever as two attempts to extradite him have failed.

Bureau Report

First Published: Friday, October 02, 2009, 21:32

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