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Nothing new in ruling on Bofors: CBI to court
Rashi Agarwal
Tribune News Service

New Delhi, January 4
A day after the Income Tax Appellate Tribunal (ITAT) ruled that kickbacks worth Rs 41 crore were paid to late Win Chadha and Italian businessman Ottavio Quattrocchi in the controversial Bofors gun deal, the CBI told a local court that the tribunal’s order was “nothing new” and pleaded for the closure of the case.

The CBI said its investigation in the two-decade old Bofors pay-off had reached a dead end and the case should be closed. “The ITAT ruling brings nothing new to the case. The matter has been investigated thoroughly and the order by the tribunal has nothing that can obstruct the agency’s plea,” said Additional Solicitor General PP Malhotra, appearing for the CBI.

Malhotra contended that the agency had no fresh instruction from the government pertaining to the withdrawal of the case against Quattrocchi in the wake of the tribunal’s order.

The CBI’s arguments came after advocate Ajay Agarwal, who is opposing the withdrawal of the case, submitted before Chief Metropolitan Magistrate Vinod Yadav that the matter should be heard again afresh in the light of the tribunal's order.

Agarwal contended that the agency was trying to protect Quattrocchi because of his “close links to the family of former Prime Minister Rajiv Gandhi”.

Even Law Minister M Veerappa Moily clarified yesterday that the government would examine the issue afresh. On being asked by the court about this, ASG Malhotra said he was not aware of Moily’s statement.

Nevertheless, the withdrawal plea had been filed after examining all aspects of the case. “The plea to withdraw the case has been filed bona fide, in good faith and in public interest. The continuance of the case will amount to wasting a lot of money and time, which is unjustified,” Malhotra pleaded.

The court heard the matter for more than three hours and then adjourned it till January 6 on Agarwal’s request. The CBI had registered a criminal case on January 20, 1990, to find out the beneficiaries of the pay-offs in the 1986 Bofors gun deal.

On October 3 last year, the probe agency moved an application seeking quashing of all charges against Quattrocchi. It had contended that the case cannot be kept pending forever as two attempts -- in 2003 and 2007 -- to have him extradited to India had failed.

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