Refuting allegations that it concealed information on the detention in Argentina of Italian businessman and Bofors accused Ottavio Quattrocchi, the CBI today informed the Supreme Court that Swiss authorities have, in the meantime, declined assistance saying the case is time-barred.
‘‘...As may be taken from the decision dated 24/Jan/2007 (which has become final in the meantime) it is not possible under Swiss law to continue a matter of money laundering when the prosecution of the underlying crime has not resulted in a conviction so far and its continuation is now barred by the rule of lapse of time,’’ the CBI stated in an affidavit, quoting the decision of the Office of the Federal Department of Justice and Police which was routed via the Indian Embassy in Bern.
This was in response to the Letters Rogatory issued by the Chief Metropolitan Magistrate, Delhi, in April last year.
‘‘The decision by the competent cantonal magistrate confirms the legal situation and makes it clear that no additional cooperation is available in this matter,’’ the affidavit said.
But the CBI, while informing the court that it had taken steps on February 7 for Quattrocchi’s extradition from Argentina, failed to answer why it did not bring this to the court’s notice on February 12 when a PIL, filed by advocate Ajay Agarwal, was being heard.
“The steps for securing the extradition of Mr Quattrocchi were taken by the second respondent (CBI) on February 7, 2007 itself onwards, well before the filing of Cr. M. P 1853/ 2007 on February 12, 2007,” it said, without replying to the allegation of “discreet silence” maintained before the Supreme Court.
... contd.