SC orders sending of records to trial court in Quattrocchi’s case

Disregarding the submission of advocate Ajay Agrawal that records of the case were called to the apex court on account of an appeal filed by him challenging the decision of the Delhi High Court quashing charges against other accused,a Bench comprising Justices H S Bedi and C K Prasad said that does not stop it from considering the plea for sending the records to the trial court.

The Bench said it can send the records to the trial court and at any stage it can also call them back.

“We direct that the aforesaid records be sent to the trial court forthwith. The same should be sent back as soon as the case in the trial court is decided or whenever this court decides to call it back,” the Bench said while dismissing the contention of the advocate that any such decision would set a wrong precedent.

CBI pressed its application two days after Chief Metropolitan Magistrate Kaveri Baweja posted for hearing its plea for withdrawal of the case against Quattrocchi on August 28 because the case records were with the Supreme Court.

Quattrocchi has never appeared in Indian courts to face the trial in the case relating to alleged payoff.

At the outset,Agrawal submitted that CBI’s plea cannot be looked into by the Bench as his appeal against the the Delhi High Court’s May 31,2005,decision quashing charges against Europe-based Hinduja brothers — S P Hinduja,G P Hinduja and P C Hinduja — has been admitted by the apex court.

However,the Bench turned down his submission saying “how will you be prejudiced if the records are sent to the trial court”?

When the advocate said his appeal is likely to come up for hearing soon and it would be difficult to call back the records,the Bench shot back that “trucks load of records can be called by the Supreme Court”.

Solicitor General Gopal Subramanium said the records are required in the trial court which has fixed CBI’s application for withdrawal of case against Quattrocchi on August 28. On several occasions in the past,the proceedings have been adjourned for want of the case records,he added.

However,when Agrawal persisted with his opposition to the plea by CBI,the Bench took a tough stand and said “we are not going to be dictated by you. You will not dictate us”.

“What is the problem in sending the records to the trial court? I wonder what is your approach. Don’t talk like this,” the Bench said asking the advocate to lower his pitch.

Agrawal said “CBI is doing all this to bail out Quattrocchi from the case,who is walking like a free man”.

He said CBI is hand-in-glove with the accused.

Agrawal has also filed an application before the trial court opposing CBI’s decision to withdraw the case against 70-year-old Quattrocchi.

He had contended that the original records relating to the case were sent to the Supreme Court in a separate matter in which some accused were discharged by the Delhi High Court.

The advocate had approached the apex court pleading it to constitute a Special Investigative Team to probe the alleged role played by some government officials leading to withdrawing of Red Corner notice against Quattrocchi and defreezing of his accounts.

Agrawal had earlier challenged the May 31,2005,High Court verdict after CBI had failed to file the appeal within the mandatory 90 days. The apex court has admitted his petition and issued notices to CBI and others in 2005.

The Centre had during the earlier hearing in the apex court claimed all efforts to extradite Quattrocchi have failed.

It had contended the decision to withdraw the case against him was taken considering the 2005 judgement of the High Court which had held that no case of corruption was made out in the Bofors deal.

Agrawal had also moved the apex court in January,2006,against the defreezing of Quattrocchi’s bank account in London and opposed the stand of the Centre and CBI.

He had complained to the apex court that CBI was not serious in its efforts to extradite the Italian businessman against whom the Red Corner Notice was withdrawn in 2009.