Court slams CBI on Q: ‘bias,malafide,cart before horse’

Allowing advocate Ajay Agarwal to adduce arguments against the CBI plea “in public good”,CMM Yadav asked Additional Solicitor General P P Malhotra,who appeared for CBI,if there were any properties owned by Quattrocchi — the lone surviving suspect in the payoffs case — that could be attached “as a coercive and deterrent measure.” The CBI counsel pleaded ignorance,saying the agency had no such knowledge.

The CMM had kept the matter for Thursday to hear additional arguments by Agarwal who claimed there was substantial change in the matter following a tax tribunal’s order holding Quattrocchi and Win Chadha accountable for taxes on kickbacks in the Bofors gun deal.

Agarwal sought an affidavit from the CBI and the Union Government clarifying their stand in the wake of the tribunal order.

Malhotra told the court that the tribunal ruling was wholly irrelevant for the present proceedings and that there was no change in the government stand on withdrawing the case against Quattrocchi. CMM Yadav said he was satisfied with the response and later dismissed Agarwal’s application.

Thereafter,the court asked Agarwal to further his arguments who read out from case records and sought to present a chronology of events to establish that “there was no public interest,bonafide or good faith of the prosecutor in seeking the nod to drop the case.”

As Agarwal produced records of extradition proceedings in courts in Malaysia and Argentina and how Quattrocchi withdrew money from bank accounts in London,CMM Yadav did not hold back his criticism.

“I am prima facie convinced of the malafide and lack of good faith of CBI. I completely agree that there were certain malafide intentions in the case and there is no doubt about that. Appeal was not filed in Argentina against dismissal of the extradition plea and then fictitious bank accounts were opened only to withdraw the money,” the CMM said. He accepted Agarwal’s contention that extradition proceedings were not properly pursued or might be “pursued with a bias.”

When Malhotra claimed that the matter must end now keeping in view it had been going on for 25 years and five attempts to extradite Quattrocchi had failed,the court wanted to know what had happened to his properties in New Friends Colony,whether he still possessed them,whether they could be attached.

Granting four weeks to Agarwal to go through the case records before wrapping up his argument,CMM Yadav told Malhotra that the court must also be satisfied about public interest before deciding the plea.

“On the point of public interest,I have to still satisfy myself. I also need to examine the conduct of the agency. I am conscious of the fact that this matter will go up to the Supreme Court. The CBI has put the cart before the horse by taking off the red-corner notice against Quattrocchi before this court could decide on the withdrawal of prosecution,” he said.

The court posted the matter for February 10.