He said if the logical conclusion of a case is not possible then it is better to leave the issue. He said that the heavy amount of money wasted on the investigation into the case was on his mind while writing the judgment.
Quattrocchi has never appeared before any court in India in the 2 decade old case. The CBI had sought permission of the court to withdraw the case against Quattrocch in October 2009 saying his continued prosecution is unjustified in the light of various factors including the agency’s failed attempts to get him extradited — first from Malaysia in 2003 and then from Argentina in 2007.
A charge sheet was filed against Quattrocchi for allegedly receiving a payoff for brokering the Bofors gun deal. The CBI registered a criminal case on January 20, 1990 to probe who were the beneficiaries of the payoffs in the 1986 Bofors gun deal. After completing its probe, the investigative agency had filed two charge sheets in the case — first on October 22, 1999 and the other on October 9, 2000.
The CBI had contended that there is no change in the government’s stand on withdrawing the case against Quattrocchi in the wake of the Income Tax Appellate Tribunal order, which had said that kickbacks of 61 crore were paid to late Win Chaddha and Quattrocchi in the howitzer deal. The CBI had pleaded that it is considered expedient in the interest of justice that the proceedings against him should not be continued and be withdrawn.
Advocate Ajay Agrawal, who has been pursuing the case in the Supreme Court had contended that the Centre and the agency were trying to close the case despite having sufficient evidence against Quattrocchi.The plea was countered by the CBI which saying that it is 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.
Government today welcomed the Delhi Court’s decision accepting the CBI’s plea for closure report in the two decade old Bofors payoff case against elusive Italian businessman Ottavio Quattrocchi.
Talking to reporters outside Parliament Minority Affairs Minister Salman Khursheed said that people should respect the court’s decision. Adding that that the issue has already been dragged long enough, he urged all concerned to trust the judicial system of the country.
BJP, however, accused the UPA Government of rampant misuse of CBI. BJP Spokesperson Ravi Shankar Prasad alleged that the CBI filed the closure report under political pressure.