New Delhi:
A Delhi court today reserved its order for February 21 on the CBI's plea seeking withdrawal of
case against Italian businessman Ottavio Quattrocchi in the over two-decade-old Bofors payoff scam.
"This court has heard the argument. There is no point in holding back the order for the information of the Central Information Commission (CIC). Put the matter for pronouncement
of order on February 21," Chief Metropolitan Magistrate Vinod Yadav said.
CMM Yadav reserved his order on CBI's plea after advocate Ajay Agrawal, who has been opposing the closure of case against Quattrocchi, concluded his argument in this matter.
During the hearing, Agrawal moved an application before the court saying it should wait for the decision of the CIC in the matter, which is likely to be delivered within this month.
The court, however, did not accept Agrawal's submissions and said, "Agrawal has been heard in public interest for a fairly long time. The court do not intend to grant further time to him."
Agrawal wanted the court to wait till he received through the CIC order certain information which he said would prove crucial for the court in deciding on the CBI's plea for closing the case against Quattrocchi.
He told the court that he had to approach the CIC for the information after the CBI refused the same to him.
Maintaining that he expects the CIC order to come by this month itself, he told the court that he had filed an appeal before the CIC and the matter was taken up only yesterday.
Additional Solicitor General P P Malhotra, appearing for the CBI, however, opposed Agrawal's submissions saying that the information which he had sought from the CIC is not relevant in this matter.
"Advocate Ajay Agrawal is wasting the time of this court," said the law officer.
Refusing to give any more time to Agrawal to advance his arguments in this matter, the court told him that he can submit the documents and other information to the court later on record, as and when he receives it from the CIC.
The CBI had registered a criminal case on January 20, 1990 to probe who were the beneficiaries of the pay-offs in the 1986 Bofors gun deal.
After completing its probe, the agency had filed two charge sheets in the case -- first one on October 22, 1999 and second one on October 9, 2000.
The CBI had, in October 2009, sought permission of the court to withdraw the case against Quattrocchi, saying that his continued prosecution was "unjustified" in the light of various factors, including the failed attempts of the agency to extradite him.
"The continuance of prosecution against Quattrocchi will be unjustified. It is considered expedient in the interest of justice that the proceedings against him should not be continued and be withdrawn," the CBI had pleaded in its nine-page application.
Quattrocchi has never appeared before any court in the country.
The CBI had failed on two occasions in its attempt to get him extradited -- first from Malaysia in 2003 and then from Argentina in 2007.
Agrawal, who has been pursuing the case in the Supreme Court and had approached the trial court against CBI's move to seek a closure of the case, contended that the Centre and the
agency were trying to close the case despite having sufficient evidence against Quattrocchi.
The plea was countered by CBI which said it was difficult to secure presence of Quattrocchi for prosecution and, moreover, all other accused are either dead or charges against them have been quashed by the Delhi High Court.