Q extradition: Govt failed to submit documents

The Indian Government failed to submit requisite documents to an Argentine court...

The Indian Government failed to submit requisite documents to an Argentine court to secure the extradition of Ottavio Quattrocchi, an accused in the Bofors case, according to the overseas court8217;s order placed before the Supreme Court by the CBI on Tuesday.

Additional Solicitor General Gopal Subramaniam told a Bench headed by Chief Justice K G Balakrishnan that despite best efforts put in by the agency, it failed to secure an official translation from Spanish to English of an Argentinian court order rejecting its plea for extradition of Quattrochi.

However, after this submission, the agency placed before the Bench a copy of the order translated by it. Perusing the order, the Bench, also comprising Justice R V Raveendran, directed the petitioner, advocate Ajay Agarwal, to furnish his response within three weeks.

The court on November 26 had granted CBI time to file a 8220;true and correct translation8221; of the Argentinian court order.

On June 8, 2007, the El Dorado court in Argentina had refused to grant the plea of the Indian Government seeking extradition of Quattrocchi, prime accused in the Bofors kick-backs case. Quattrocchi, who was detained on February 6, 2007, on the basis of a Red Corner notice, was released on bail on February 23, following which the apex court here on August 20 had directed the CBI to get the Argentinian court order translated within the given time. However, the ASG, pointing to the difficulties faced by the premier investigating agency had then said: 8220;We need some more time for the purpose of true and correct translation of the order from Spanish to English.8221; He informed that the authorities here had asked the Indian Embassy there to approach the Argentinian court for a translation of the order. However, it could not be done as the there was no translator for the purpose in the court there, he had told. Pointing to yet another obstacle, the ASG also informed the court that India had no extradition treaty with Argentina.

Earlier, advocate Ajay Aggarwal had moved the court against the defreezing of Quattrocchi8217;s bank account in London besides seeking a direction to the Government and the CBI for placing before it all documents relating to his extradition from Argentina.

The El Dorado court had held that 8220;since the documentation submitted by India does not meet the requirements of its Argentine law, the extradition order against Quattrocchi cannot be sustained8221;.

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Further, 8220;it must be asserted that the document submitted by India does not represent the formal requirement stated by law, since the court decision, dated May 25, 1997 regarding the crime giving rise to the arrest of Quattrocchi has not been submitted,8221; said the Argentine court.

8220;The documents furnished on February 24, 2007 do not provide the pertinent legal grounds which are essential requirements to proceed with the extradition order,8221; it had said.