Shrugging off as “nothing new”, the Income Tax Appellate Tribunal’s (

[CA.BHUPENDRASHAH]

New Delhi: Shrugging off as "nothing new", the Income Tax Appellate Tribunal's (ITAT) finding that Ottavio Quattrocchi indeed received kickbacks in the Bofors deal, the CBI on Tuesday reiterated its plea to close criminal proceedings against the Italian businessman. The court, however, decided to put off its order until January 6.
   Chief metropolitan magistrate Vinod Yadav will hear anew the arguments of the CBI and Ajay Aggarwal, who is opposing the agency's move. He had cited the ITAT order to back his case that criminal proceedings against Quattrocchi need not be dropped.

CBI accuses Aggarwal of theatrics

The arguments on the ITAT order could not be
completed since Ag (gar (wal had to leave because of his mother's sudden illness. The matter will now be heard on Thursday. The court seemed reluctant to take cognisance of the ITAT's order, saying that it was passed by a quasi-judicial forum on a different issue (IT), before it agreed to hear the two sides again.
   The tax tribunal order dominated the 3-hour-long proceedings, but failed to faze the CBI, with the agency repeating its request for winding up the attempts to prosecute Quattrocchi in the payoffs case. The CBI had, in October 2009, sought permission of the court to withdraw the case against Quattrocchi, saying that his continued prosecution was unjustified in the light of various factors, including the failed attempts of the CBI to extradite him first from Malaysia and then from Argentina.
   On a day when the Left appeared to compete with the BJP in attacking the government over its failure to bring Quattrocchi to book, the agency told the CMM that there was nothing new in the tribunal order that should come in the way of the withdrawal of the over 2-decade-old cri (mi (nal pro (ce (endings against the Italian.
   Though finance minister Pranab Mukherjee said that the law ministry was examining the issue, the CBI's posture in the court seemed to rule out any real rethink. "I am not disputing what the tribunal has said. That is the case of prosecutor (CBI) also and it is mentioned in the charge sheet. There is nothing new," CBI's counsel, additional solicitor general P P Malhotra, told chief metropolitan magistrate Vinod Yadav.
   The CBI further said the application for withdrawal of the proceedings against Quattrocchi was filed after considering all aspects of the case.
   Sources in the agency headquarters defended the stand it took in the court. "It is not right to say that the order, coming at a time when we are about to close the case for lack of evidence, is going to give us any new leads or force us to relook at the existing evidence. This is largely about information that was already known," they said. In the court, Malhotra almost brushed aside Aggarwal's claim that law minister M Veerappa Moily had assured on Monday that the government will examine the issue afresh.
   When asked to respond by the CMM Yadav, the additional solicitor general said that he was not aware of any such statement, adding that he had not received any instruction from the CBI headquarters to suggest any change in stand because of tribunal's order.
   The agency further said that the court should decide the CBI's plea for withdrawing the case without going into its merits, limiting itself to examining merely whether the application has been filed bona fide, in good faith and in public interest. Aggarwal had submitted that the matter needed arelook in the light of the CBI trying to protect Quattrocchi as he had always been seen as "very close to the family of former PM Rajiv Gandhi".
   To support his allegations, he read out excerpts from a book titled "Who owns CBI—The Naked Truth" by retired CBI officer B R Lall, in which it was stated that the Italian businessman and his wife Maria had a proximate relationship with the Gandhis and they used to meet frequently. The CBI denied this allegation and accused Aggarwal of theatrics to grab eyeballs and publicity. After hearing the arguments, the court adjourned proceedings till January 6, as Aggarwal expressed inability to continue in view of his mother's illness.

Q clean chit: PM must apologize

New Delhi: For the second time in 2 days, the BJP on Tuesday tore into the ruling party alleging that alleged Bofors middleman Ottavio Quattrocchi was being protected by the government because of his links with the Gandhi family. In the wake of the I-T tribunal order indicting Quattrocchi and another accused, Win Chadha, the party sought an apology from PM Manmohan Singh for the clean chit earlier provided to Quattrocchi by government agencies. TNN

Q, Jain got Bofors bribe: Ex-CBI man

New Delhi: An ex-CBI officer who supervised the Bofors case claimed that alleged hawala dealer S K Jain told the CBI that he and Ottavio Quattrocchi received kickbacks from projects routed through them including the howitzer deal. Citing a written submission made by Jain on March 13, 1995, former CBI joint director B R Lall said, "The duo (Jain and Quattrocchi) have taken the contract in partnership and have close connection with high and mighty people." TNN

Total RECALL


Mar 24, 1986 | The Rs 1,437 crore deal between India and A B Bofors for supply of 400 155 mm howitzers signed
Apr 16, '87 |
Swedish Radio claims Bofors paid kickbacks to netas and defence officials
Apr 20 | PM Rajiv Gandhi assures LS neither any middleman was involved nor kickback paid
Aug 6 | JPC set up to probe charges
Jan 22, '90 |
CBI registers FIR Dec '92 | SC reverses Delhi HC order quashing FIR
Feb 12, '97 |
Letters rogatory issued to Malaysia, UAE seeking Quattrocchi, Win Chadha's arrest and extradition
May '98 | Delhi HC rejects Q plea for quashing red corner notice
Oct 22, '99 | CBI files chargesheet naming Win Chadha, Q, former defence secy S K Bhatnagar, former Bofors chief Martin Ardbo
Nov 07 | Trial court issues warrant against Q
Dec 13, '99 | CBI team in Malaysia to seek Quattrocchi extradition but fails
Mar 18, 2000 |
Chadha comes from UAE to face trial Jul 29 | Court issues NBW against Ardbo
Dec 20 | Q held in Malaysia, gets bail
Aug 6, '01 | Former defence secy dies
Oct 24 | Win Chadha dies of heart attack
Nov 15, '02 |
Hindujas charged with cheating, conspiracy, graft
Dec 2 | Malaysia court denies permission for Q's extradition
July 28, '03 | UK freezes Q's bank a/c
Feb 4, '04 | HC clears Rajiv Gandhi in Bofors scandal
May 31, '05 | HC clears Hindujas
Feb 6, '07 | Q held in Argentina
Feb 23 | Q freed
Sept '09 | Centre informs SC it was stopping prosecution against Quattrocchi

[CA.BHUPENDRASHAH]

Naidu: Why is Congress silent on ITAT order

January, 05th 2011
Accusing the Congress-led United Progressive Alliance government of being headstrong and unresponsive to the demand for a Joint Parliamentary Committee (JPC) probe into the 2G spectrum scam, senior Bharatiya Janata Party leader M. Venkaiah Naidu on Tuesday asked why the Congress was silent on the ruling of the Income Tax Appellate Tribunal (ITAT) in the Bofors case.

Why is the Congress silent on the ITAT order on [Ottavio] Quattrocchi, [in a case] which has shaken the nation? The ITAT has said that Rs.41 crore was received [by the late Win Chadha] and that taxes have to be paid, Mr. Naidu told a press conference here.

Congress losing face'

In the wake of a slew of scams, he said the Congress was losing face among the people. A certain amount of uncertainty has crept in.

Mr. Naidu also questioned Prime Minister Manmohan Singh's silence on the allocation of 2G spectrum. What prevented you from taking action when the Telecom Minister was going against the rules? Why did you not order that the issue be taken up in the Cabinet?

Mr. Naidu said it was unusual for a Prime Minister to write to a Minister when it was usually the other way around.

He asked the government what its objection to a JPC was. Is it against the Constitution, against the rules of Parliament? Is it against the tradition or precedents of the Lok Sabha and the Rajya Sabha? When Dr. Singh, Sonia Gandhi and Pranab Mukherjee have stalled Parliament demanding a JPC, how is it that what was right then can now be wrong? he said.

Mr. Naidu added that if the Centre agreed to a JPC, the BJP-ruled Karnataka government would agree to conduct a Joint Legislative Committee (JLC) probe into the allegations of corruption against Chief Minister B.S. Yeddyurappa.