CBI denies information on Quattrocchi sought under RTI

New Delhi, Nov 22: The Central Bureau of Investigation (CBI), which has been investigating the Bofors gun payoff scandal, has refused to reveal any information sought under the Right to Information (RTI) about Italian businessman Ottavio Quattrocchi, stating that it "would impede the process of apprehension and prosecution of the accused".

The information was sought by a Supreme Court lawyer, Ajay K. Agrawal, after the CBI had moved an application before a court here last month to quash all charges against Quattrocchi in the two-decade-old case, saying it cannot be kept pending forever as attempts to extradite him have failed in the past.

In his RTI application filed last month, Agrawal had asked for all documents, manuscripts, notings and files pertaining to the de-freezing of the accounts of Quattrocchi and his wife at a bank in London. Agrawal had also filed a petition in the court against the withdrawal of the case by the CBI.

CBI, however, refused to divulge any information.

"... As the criminal case against Ottavio Quattrocchi is pending trial in the Court of Chief Metropolitan Magistrate, Delhi, and various other petitions relating in the case are pending before (Delhi) High Court and Supreme Court, the documents and information asked for can neither be provided nor allowed to be inspected... as the same would impede the process of apprehension and prosecution of the accused," the investigation agency said in its reply to Agrawal.

He had also sought information/records including all advices, opinions and notings of officials and law officers that led to withdrawal of the Red Corner Notice against Quattrocchi.

"Right from the prime minister to other ministers, all are making statements that there is no case against Quattrocchi. If that is the case, then why is the CBI shying from making public all the papers regarding his case," Agrawal told IANS.

"The reasons are obvious, as his proximity to the Gandhi family has led to the CBI withdrawing the case despite the fact that there is ample documentary evidence received from different countries against him," Agrawal said.

On Nov 6, a city court deferred till March 31 next year a decision on the CBI's plea to withdraw Quattrocchi's name from the Bofors case.

"It is a peculiar case of its kind and a glaring example of government sponsored corruption. The CBI and the entire government has shown utter disregard for the Indian courts including the apex court. Malaysian and Argentinian court orders were made the basis for the application for withdrawal of prosecution against Quattrocchi, while the orders of the Indian Supreme Court and Delhi High Court passed against Quattrocchi were disregarded," he added.

Agrawal further said: "One of the reasons being given in the withdrawal application is that it is a 19 year old case and so it should be shut. If this reasoning is accepted, then the country's criminal justice system will collapse and general amnesty should be given to all undertrials languishing in jails awaiting their trial."

Quattrocchi was accused in the case relating to the alleged payment of Rs.640 million as commission in the 1987 howitzer deal. He was known to be close to the late Rajiv Gandhi, who was prime minister in 1987 when the bribery scandal broke, and his wife Sonia. Quattrocchi was named in a CBI chargesheet in 1999 as the conduit for the Bofors bribe and accused of receiving millions of dollars in commission for helping fix the $1.4 billion gun deal.