The Hindu : National : Withdrawal of notice challenged

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Wednesday, Apr 29, 2009
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National

Withdrawal of notice challenged

J. Venkatesan

New Delhi: An application was filed in the Supreme Court on Tuesday challenging the withdrawal of the Red Corner Notice (RCN) issued by the Interpol on the advice of the Central Bureau of Investigation to nab Italian businessman and Bofors case accused Ottavio Quattrocchi.

Ajay K. Agarwal has filed this application in his pending petition in the Supreme Court. He said: “This is a peculiar case wherein the CBI has proved itself to be a tool in the hands of the government losing its image of being the premier investigating agency of the country.

“The latest move of the Congress-led UPA government at the Centre is to withdraw the RCN against Mr. Quattrocchi on the basis of the opinion procured by the CBI from the Attorney General of India Milon K. Banerjee.”

He pointed out that after the judgment of the Delhi High Court giving a clean chit to the accused in the Bofors case, the CBI did not prefer an appeal to the Supreme Court and consequently he preferred an appeal, which was still pending. In the same appeal, he listed the applications he had filed questioning the action of the government allowing Mr. Quattrocchi to withdraw the funds from his bank accounts in London and the government’s delay in seeking his extradition.

He alleged that the pendency of this special leave petition was concealed by the CBI and the government and in getting the opinion from the AG. He said the RCN against Mr. Quattrocchi was in existence from 1997 and the CBI was again and again making written statements before the trial court that efforts for tracing the fugitive were on and as soon as he was held he would be produced before the court.

But the conduct of the CBI in suddenly withdrawing the RCN “shows complete betrayal of the people of the country besides being a criminal contempt of the Supreme Court.”

He sought a direction to stay the operation of any withdrawal of RCN and a direction that it be again issued immediately so that he could be nabbed and produced before the Indian courts for trial.

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