CBI today justified its decision to close the case against Italian businessman Ottavio Quattrocchi in the Bofors gun deal by telling a Delhi court that employment of agents was not prohibited when the government signed the deal with the Swedish company in 1986.
Among five reasons given to the court for withdrawal of case against Quattrocchi, the agency maintained that there was no provision barring employment of agents in the contract.
"Even though there is an undertaking by M/s A B Bofors prior to entering into contract that they do not have any representative/agent specially employed in India, I notice that the original contract between the company and the government does not provide for any prohibition for employment or non-employment of Indian and foreign agents," Additional Solicitor General P P Malhotra said in the application.
The 69-year-old businessman is the sole accused remaining in the case after the Delhi High Court had quashed charges against other accused five years back.
Pleading for withdrawal of the case against Quattrocchi, the agency said 23 years have passed from the date of alleged offence and all other co-accused have died or proceedings against them have been quashed.
"All other co-accused have either died or proceedings against them have been quashed including the proceeding against the company and the alleged beneficiaries of the contract by virtue of Delhi High Court judgements and no appeals have been preferred by the CBI," Additional Solicitor General P P Malhotra pleaded before the court.
He said that the government gave its consent to the CBI to close the case after consulting top legal officers of the country.
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"The matter has been examined by the former Attorney General(AG), former Law Minister, the present AG, present Solicitor General and also subsequently by the government and all of them have opined for withdrawal of the prosecution," the CBI said in its nine-page application.
The deal was signed by the government on March 24, 1986 for the supply of 410 units of 155 mm guns and its systems at the total cost of around Rs 1437 crore.