Union Law Minister H R Bhardwaj claimed today that it was the CBI’s clean chit to Bofors-accused Ottavio Quattrocchi that was communicated to authorities in London where the Italian businessman’s Rs 21 crore lies frozen since July 2003. Official records show that the CBI hasn’t given Quattrocchi a clean chit, it’s the Government’s Law officers who have been taking that stand. Documents with The Indian Express show that the CBI has, in fact, been opposed to the defreezing of Quattrocchi’s accounts. Additional Solicitor General B Dutta, who reports to Bhardwaj, has been pushing for the unfreezing saying that the CBI “has no justification” resisting it. Dutta is the same officer who visited London last month, as reported by CNN-IBN yesterday, and met officials of the Crown Prosecution Service to discuss the “status” of the case. Not surprisingly, when contacted today, CBI Director Vijay Shankar, speaking to The Indian Express, said: “As far as Quattrocchi is concerned, he is still a subject of a Red Corner Notice issued by us. He remains an accused and we will continue to pursue his extradition to India.” As early as February 11, 2005, The Indian Express had exposed this serious disagreement between the agency and the Law Ministry and reported how it could lead to the release of the frozen funds. Funds, which the Interpol told CBI, were with BSI AG in London ($1 million and Euro 3 million) and were remitted from BSI Lugano, Switzerland, in May 2003. Also, that the CBI had no evidence linking “the commission of the offence” with the “derivation of funds.” Dutta also argued that a warrant of arrest is executable only in India as per Section 77 CrPC and “not to any act on the part of the person concerned of absconding or concealing himself.” And that’s why the warrants issued against Quattrocchi by the Special Court, Delhi, in 1997 and 1999, “have been proven ineffective.” The CBI disagreed saying that a NBW was in force against Quattrocchi who was a fugitive under the Extradition Act. And that nowhere does it say that the CrPC applies only to Indian nationals. The CBI also said that contrary to Dutta’s claims, a Letter Rogatory had been issued by the Indian Court which has been acted upon by UK authorities and even the High Court and Supreme Court, London, have not raised any objection to or doubted the course of action adopted by the Indian Court. The Law Ministry also ignored a key CBI request on Dutta’s visit. Despite a written proposal by former CBI Director U S Mishra that a senior agency official should accompany Dutta on the trip, this was not done. CBI Director Shankar said the proposal (for Dutta to be sent to London) pre-dated his taking charge. He was, categorical in his assertion that CBI would pursue the case against Quattrocchi. On May 25, 2001, the Special Judge separated the trial of Quattrocchi (and Martin Ardbo) from the rest of the accused (mainly the Hinduja brothers) who had appeared before court. Mr Q: charged in 1999, still wanted • October 22, 1999: CBI files chargesheet in court of Special Judge, naming among other Ottavio Quattrocchi • November 4, 1999: Trial court takes cognizance and orders NBW against Quattrocchi • May 25, 2001: Special Judge separates the trial of Quattrocchi from the rest of the accused • July 25, 2003: US$ 1 million and Euro 3 million held in BSI AG accounts of Quattrocchi frozen in London • March 31, 2004: Final judgment of the Kuala Lumpur Federal Court denying extradition of Quattrocchi in the absence of an extradition treaty • December 22, 2005: Addl Solicitor General meets Crown Prosecution Service officials in London to hold discussion on status of freezing of accounts Plea in Supreme Court against Govt move • A petition was filed in the Supreme Court on Thursday against the Government telling the Crown Prosecution that there was no link between the funds in two frozen accounts of Quattrocchi and the Bofors payoff case. Advocate Ajay Agarwal’s petition sought a court direction for Additional Solicitor General B Dutta to produce the letter/authority which he had carried in person to the Crown Prosecution • The Chief Metropolitan Magistrate’s court in New Delhi on Thursday asked the CBI to file a status report by March 31 on the steps taken to extradite Quattrocchi
