Send Bofors records to trial court, says Supreme Court

So as to decide on CBI plea for closure of case against Quattrocchi

To facilitate the trial court to take a decision on the CBI application for closure of the Bofors case against Italian businessman Ottavio Quattrocchi, the Supreme Court has directed its Registry to send the records forthwith.

The records “should be sent back as soon as the case in the trial court is decided or whenever this court decides to call them back,” said a Bench of Justices H.S. Bedi and C.K. Prasad.

When advocate Ajay Aggarwal, who had filed an appeal in the Bofors case, objected to the sending of records, Justice Prasad said these could be called back at any stage, if required.

In its application, the CBI said its plea for withdrawal of the prosecution against Mr. Quattrocchi had been pending in the trial court in Delhi. When the matter was taken up on November 6, 2009, it was noticed that the original file had been requisitioned by the Supreme Court and for this reason no orders could be passed by the trial court.

With the Chief Metropolitan Magistrate set to take up the matter for further hearing on August 28, the CBI on Tuesday reiterated its plea for sending back the records from the Supreme Court for withdrawal of the case against Mr. Quattrocchi, who had so far not appeared in the court.

“No public interest”

In his reply to the CBI application, Mr. Aggarwal said: “It is clear that the CBI and its law officers are taking this court for granted. There is no public interest in the matter. The only interest is to bail out completely Mr. Ottavio Quattrocchi so that he can roam around in India as a free man. They are waiting curiously to welcome Mr. Ottavio Quattrocchi in India as a free man. Therefore they are in a hurry that their application for withdrawal of prosecution under Section 321 Cr. PC. be allowed at the earliest by the CMM court.”

Mr. Aggarwal said that as his appeal against the May 31, 2005 Delhi High Court order quashing charges against the Hinduja brothers — S.P. Hinduja, G.P. Hinduja and P.C. Hinduja — had been admitted by the Supreme Court, the records should not be sent back to the trial court.

  • CBI wants to bail out Quattrocchi so that he can roam around in India: Aggarwal
  • We can call back records at any stage, if required: Supreme Court

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