The CBI on Saturday sought a city court’s nod to bring the curtains down on the two-decades-long prosecution against Italian businessman Ottavio Quattrocchi in the Bofors case. The investigating agency told the court that continuing legal actions would be “unjustified”.

In its ultimate interment move preceding withdrawal of the Red Corner Notice (RCN) against Quattrocchi last November, CBI submitted the nine-page application before Chief Metropolitan Magistrate Kaveri Baweja under Section 321 of the Code of Criminal Procedure (CrPC). The legal provision lays down the terms for withdrawal of prosecution against any accused by consent of the court.

Contending that the application was moved “in good faith and in the interest of the public,” Additional Solicitor General (ASG) P P Malhotra requested the court to accept the plea and allow prosecution to withdraw the case.

Taking the application on record, the court fixed October 9 for its consideration.

The CBI’s application specifically mentioned that the request was being made only after examination of the issue by then Union Law minister Hansraj Bhardwaj and former Attorney General Milon Banerjee. The process to withdraw prosecution against Quattrocchi had started under their regime.

After Manmohan Singh formed the new government this year, the government and its Attorney General and Solicitor General examined the issue again. “All of them have opined for withdrawal of the case,” the CBI’s application says. “The government has given its approval for withdrawal.”

Arguing on behalf of CBI, Malhotra read out the application and pointed out reasons paving way for legal burial of the contentious issue.

... contd.