SC orders sending of records to trial court in Quattrocchi's case

The proceedings for withdrawal of prosecution against Italian businessman Ottavio Quattrocchi in Bofors pay off case will be expedited as the Supreme Court today allowed CBI's plea for sending records of the case to the trial court where proceedings were halted for want of case records.

An advocate, who is pursuing the case in different courts here, protested the passing of the order, alleging CBI was making all attempts to bail out Quattrocchi.

Disregarding the submission of advocate Ajay Agrawal that records of the case were called to the apex court on account of an appeal filed by him challenging the decision of the Delhi high court quashing charges against other accused, a Bench comprising justices HS Bedi and CK Prasad said that does not stop it from considering the plea for sending the records to the trial court.

The Bench said it can send the records to the trial court and at any stage it can also call them back.

"We direct that the aforesaid records be sent to the trial court forthwith. The same should be sent back as soon as the case in the trial court is decided or whenever this court decides to call it back," the Bench said while dismissing the contention of the advocate that any such decision would set a wrong precedent.

CBI pressed its application two days after chief metropolitan magistrate Kaveri Baweja posted for hearing its plea for withdrawal of the case against Quattrocchi on August 28 because the case records were with the Supreme Court.

Quattrocchi has never appeared in Indian courts to face the trial in the case relating to alleged payoff.

At the outset, Agrawal submitted that CBI's plea cannot be looked into by the Bench as his appeal against the the Delhi high court's May 31, 2005, decision quashing charges against Europe-based Hinduja brothers -- SP Hinduja, GP Hinduja and PC Hinduja -- has been admitted by the apex court.

However, the Bench turned down his submission saying "how will you be prejudiced if the records are sent to the trial court"?

When the advocate said his appeal is likely to come up for hearing soon and it would be difficult to call back the records, the Bench shot back that "trucks load of records can be called by the Supreme Court".

Solicitor General Gopal Subramanium said the records are required in the trial court which has fixed CBI's application for withdrawal of case against Quattrocchi on August 28. On several occasions in the past, the proceedings have been adjourned for want of the case records, he added.