CBI action on Quattrocchi challenged in SC

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 was on Tuesday challenged in the Supreme Court with the investigating agency being dubbed as a tool in the hands of Congress-led UPA government.

An urgent application filed by advocate Ajay Agrawal alleged CBI had at different stages "showered" favours on Quattrocchi who has been declared a proclaimed offender by a special court in Bofors case and the apex court should stay the operation of any withdrawal of Red Corner notice against him.

"This is a peculiar case wherein CBI has proved itself to be a tool in the hands of the government, losing its image of being the premier investigating agency of the country," the application alleged and sought issuance of Red Corner notice again against the Italian businessman who had been on the most wanted list since 1997.

Agrawal, who had earlier moved the apex court in January 2006, against the de-freezing of Quattrocchi's bank account in London, said the Interpol should be informed immediately so that Quattrocchi could be nabbed and produced before Indian court.

The Interpol has taken Quattrocchi's name off the Red Corner notice following a communication from CBI on the basis of the opinion of Attorney General Milon K Banerji who was approached by the agency last year for his view if it was necessary to continue with alert notice.

The Attorney General cited the 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 his 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.

Referring to various opinions "procured by CBI" from the top law officers since 2004 when the UPA government assumed power, the advocate said, "The central government did not spare the top law officers of the country from being used as its tool to first facilitate the release of money lying in sealed account at BSIAG Bank at London...".

The application said the money was de-frozen from the London Bank after a Additional Solicitor General B Dutta had gone there on the basis of the legal opinion of his colleague K P Pathak who had given "unsolicited legal opinion in regard to Quattrocchi".

Agrawal had filed the petition in March 2007 accusing CBI and its Director of consistently misleading the court over the extradition proceedings initiated against Quattrocchi, has questioned the conduct of CBI in handling the case which shows complete betrayal with the people of the country besides being a criminal contempt of this court.