The Tribune, Chandigarh, India

Tuesday, December 3, 2002, Chandigarh, India

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Setback for CBI in Bofors case
No extradition of Quattrocchi

Italian businessman Ottavio Quattrocchi arrives at a court in Kuala Lumpur in this file photo.
— Reuters photo

Kuala Lumpur, December 2
In a major setback to India, a Malaysian court today rejected its plea for extradition of Italian businessman Ottavio Quattrocchi to stand trial in Bofors pay-off case.

Sessions Court Judge Akhtar Tahir threw out the case on the ground that the descriptions of the offences in the requisition papers were insufficient, vague and ambiguous, and discharged Quattrocchi without conditions.

The decision by the Sessions Court ends all extradition related proceedings against Quattrocchi pending in the Sessions Court and the high court.

India launched its case for the extradition of Quattrocchi, residing in Malaysia, two years ago.

There is no extradition treaty between India and Malaysia.

It is now up to Indian and Malaysian governments to go for an appeal.

NEW DELHI: Disappointed over the Malaysian court’s rejection of plea for extradition of Italian businessman Ottavio Quattrocchi, India on Monday decided to appeal against the order in high court and alerted Interpol to keep a watch on his movements. The authorities in Kuala Lumpur are being informed about India’s decision to go in for an appeal in the Malaysian High Court against the Session Court’s verdict and seek a stay on it, an External Affairs Ministry spokesman said.

A CBI spokesman said the agency was taking steps to file the appeal through the Malaysian Government.

Pending the filing of the appeal, the CBI has requested Interpol to keep “track” on Quattrocchi’s movements, the CBI spokesman said.

Earlier, throwing out India’s plea, Kuala Lumpur Sessions Court Judge Akhtar Tahir ruled that the descriptions of the offences in the requisition papers were “insufficient, vague and ambiguous.”

Mr Tahir discharged Quattrocchi without conditions and ordered the return of his passport and the bail. The Italian businessman has been on bail since his arrest in December, 2000.

On the Sessions Court view that charges against Quattrocchi had not been framed by an Indian court, the External Affairs Ministry spokesman said, “This shows certain misconceptions relating to the facts as also the Indian legal process”.

Observing that the CBI Director had visited Malaysia several times and cleared all doubts, the MEA spokesman said even the Home Minister of Malaysia had addressed an affidavit in this regard to the court.

“All steps were taken in close consultation with the Malaysian Government based on a complete understanding of the legal process,” he said, recalling that arrest warrants against the Italian businessman were issued by an Indian court after due perusal of evidence against him and application of mind. PTI

Hindujas’ trial stayed

New Delhi, December 2
The Supreme Court today modified its earlier order and stayed the trial proceedings against the three Europe-based Hinduja brothers in the multi-crore Bofors case despite opposition from the CBI.

A Bench comprising Mr Chief Justice G B Pattanaik, Mr Justice K. G. Balakrishnan and Mr Justice S B Sinha stayed for at least four weeks the trial proceedings before Special Judge Prem Kumar, who recently framed charges against them. The stay was given on an application by the Hindujas seeking stay of the trial.

The apex court had on July 12 stayed the Delhi High Court order quashing the charge sheet against the Hinduja brothers and directed the trial to continue. On July 29, the apex court had confirmed its July 12 order.

Today’s Bench, modifying the court’s order, said, “Let there be stay of the trial until the CBI files response to the application filed by Hindujas which may be put up for hearing after four weeks.”

The Bench passed the order saying that it was unusual for the apex court to have allowed the trial proceedings to go on when it admitted the appeal filed by the CBI challenging the high court order quashing the charge sheets against the accused.

Appearing for the CBI, Solicitor-General Harish Salve said it was a usual practice with the courts to allow the trial proceedings to go on when such appeals were admitted.

When the Bench indicated that it was going to stay the trial proceedings, the Solicitor-General raised his voice and said, “Is there special provision for the Hindujas? PTI