India once again failed in its efforts to bring Bofors accused Ottavio Quattrocchi to the country with an Argentine court on Friday rejecting a CBI request for the extradition of the Italian businessman to face trial in the 20-year-old case.
Judge Harichi Doi of the First Court, who gave his verdict after hearing arguments for two days, will give detailed reasons for the judgement on June 13, Indian Ambassador to Argentina Pramathesh Rath said.
The court, however, barred the 68-year-old, who was arrested in Argentina on February 6 on an Interpol warrant but was released on a conditional bail, from leaving the country till June 18 by when India can approach the Supreme Court in Buenos Aires to challenge the judgement.
Rath said in Argentine system the public prosecutor is obliged to appeal in the Supreme Court unless India specifically asks her not to do so.
This is the second time that India has failed to get Quattrocchi extradited.
About six years ago, a Malaysian court had rejected a similar request after he was detained in Kuala Lumpur on an Interpol alert. From there, the Italian businessman had gone to his home town in Italy.
Visibly pleased with the verdict, Quattrocchi's lawyer Alejandro Freeland said, "We have worked really hard. We were always confident because India did not have any case."
He said that CBI's case was 'weak' and it was time 'to stop the persecution and harassment' of his client.
Quattrocchi faces charges of taking bribes to swing a Rs.1,437-crore gun deal in the 1986 in favour of Swedish arms manufacturer Bofors.
Freeland said Quattrocchi will present himself before the judiciary here for as long as he is required, claiming that he had never tried to escape judicial process.
He said the Italian's relationship with the Gandhi family 'was not a secret'.
"It has always been recognised and India's insistence against Quattrocchi is only due to this relationship," the lawyer added.
India's quest for Quattrocchi's extradition began four months ago when he was detained in Missiones province on the basis of an Interpol alert while he was on his way to Brazil but was released on bail.
The businessman was, however, restrained from leaving Argentina after India sought his extradition in the judicial forum so that he can face charges in the Bofors case.
Under Argentinian laws, the government provided legal assistance to take up India's case in the El Dorado court.
The businessman had opposed the move, saying it was a politically motivated case.
The probe agency submitted a 250-page extradition request to the Argentinian government after his arrest.
A two-member CBI team led by Director (Prosecution) S K Sharma was here to assist the lawyers. Besides Freeland, the Italian was represented by Luis Taimini.
