03-11-2007, 09:11 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Qtars Govt, CBI image </b>
Navin Upadhyay | New Delhi
Pioneer.com
Both exposed for misleading on facts
The raging row over the CBI's affidavit in the Supreme Court on the detention and bail of Bofors bribery case accused Ottavio Quattrocchi has further exposed the investigating agency and the Ministry of External Affairs to charges of cover-up.
It is a fact that going by the norms of international laws, the Government and the CBI could have done very little to oppose Quattrocchi's bail plea. The matter was entirely in the hands of the authorities and the police in Argentina, and the Indian agencies had no locus standi to oppose the bail plea.
Despite such restrictions, the Government could have despatched its law officers to assist and brief the Argentine police to effectively oppose Quattrocchi's bail in court.
The CBI's affidavit clearly alleges that not only did the Ministry of External Affairs keep the agency in the dark about Quattrocchi's bail plea, but the Government also made no effort to fly any legal officer to Argentina to pursue the matter with the local police and authorities.
It is ironic that last year the same UPA Government sent a senior law officer to London to help defreeze Quattrocchi's two bank accounts, which were believed to contain part of the Bofors payola. But when it came to opposing his bail, the Government developed cold feet.
It has now been established beyond any shred of doubt that the Government was aware on February 16 about the possibility of Quattrocchi securing bail, but the Government did nothing to keep him behind bars.
"Even if the Government could not directly opposed his bail, it could have appointed a lawyer to brief the Argentine authorities," says former CBI director Joginder Singh, adding, "But when the whole attempt is on cover-up, why should anyone take such pain?"
Contrary to the Government's claim that there was no laxity on its part to initiate extradition proceedings against the Italian fugitive, the CBI affidavit is a glaring testimony to the Centre's inactivity.
The CBI's claim that the Ministry of External Affairs did not inform it about Quattrocchi's bail and that it took seven days to provide extradition papers are serious charges. The CBI is not merely talking about the grant of bail to Quattrocchi on February 23, but the entire bail matter per se, which went on for days.
"The Government should have informed the CBI at every stage and asked it to prepare the background paper for opposing Quattrocchi's bail plea. Such documents should have been sent to the Argentine police within hours of Quattrocchi's arrest," said a CBI official.
What is obvious is that while the CBI and the Ministry of External Affairs translated documents in Spanish into English, the fugitive exploited legal loopholes to secure his release on bail. The Government of India did not even use diplomatic channels to persuade the Argentine authorities to effectively oppose the bail with the help of Indian lawyers.
The Government has so far not come up with any convincing reply to refute the charges levelled by the CBI in its affidavit submitted to the Supreme Court.
Minister of State for External Affairs Anand Sharma has used years of expertise acquired as the Congress spokesman to obfuscate the issue, saying the Government is extending all possible help to the CBI to bring back the fugitive. But that does not address the controversy triggered by the CBI's charge that the Ministry of External Affairs did not inform it about Quattrocchi's bail.
While the CBI has put the Government in the dock, it cannot escape blame for the great mess-up either. Even if it were to be granted that the Ministry of External Affairs did not keep the agency in the loop about the legal aspects of the case, is India's premier investigating agency so incompetent to have had no clue about the activities of an arrested fugitive? Were CBI officials not in touch with their Interpol counterparts and undercover agents? Why couldn't the CBI write to the Government, asking it to appoint lawyers to brief the Argentine police with the help of its own officers?
The CBI may find the going tough when the matter comes up before the Supreme Court. The Government may also have to do a lot of explaining in court. But the fact remains that the latest saga of la affaire Quattrocchi has further destroyed the credibility of both the CBI and its political masters.
<!--QuoteEnd--><!--QuoteEEnd-->
I always say, MEA is full of crocks. Go and visit any Indian Consulate or Embassy.
Navin Upadhyay | New Delhi
Pioneer.com
Both exposed for misleading on facts
The raging row over the CBI's affidavit in the Supreme Court on the detention and bail of Bofors bribery case accused Ottavio Quattrocchi has further exposed the investigating agency and the Ministry of External Affairs to charges of cover-up.
It is a fact that going by the norms of international laws, the Government and the CBI could have done very little to oppose Quattrocchi's bail plea. The matter was entirely in the hands of the authorities and the police in Argentina, and the Indian agencies had no locus standi to oppose the bail plea.
Despite such restrictions, the Government could have despatched its law officers to assist and brief the Argentine police to effectively oppose Quattrocchi's bail in court.
The CBI's affidavit clearly alleges that not only did the Ministry of External Affairs keep the agency in the dark about Quattrocchi's bail plea, but the Government also made no effort to fly any legal officer to Argentina to pursue the matter with the local police and authorities.
It is ironic that last year the same UPA Government sent a senior law officer to London to help defreeze Quattrocchi's two bank accounts, which were believed to contain part of the Bofors payola. But when it came to opposing his bail, the Government developed cold feet.
It has now been established beyond any shred of doubt that the Government was aware on February 16 about the possibility of Quattrocchi securing bail, but the Government did nothing to keep him behind bars.
"Even if the Government could not directly opposed his bail, it could have appointed a lawyer to brief the Argentine authorities," says former CBI director Joginder Singh, adding, "But when the whole attempt is on cover-up, why should anyone take such pain?"
Contrary to the Government's claim that there was no laxity on its part to initiate extradition proceedings against the Italian fugitive, the CBI affidavit is a glaring testimony to the Centre's inactivity.
The CBI's claim that the Ministry of External Affairs did not inform it about Quattrocchi's bail and that it took seven days to provide extradition papers are serious charges. The CBI is not merely talking about the grant of bail to Quattrocchi on February 23, but the entire bail matter per se, which went on for days.
"The Government should have informed the CBI at every stage and asked it to prepare the background paper for opposing Quattrocchi's bail plea. Such documents should have been sent to the Argentine police within hours of Quattrocchi's arrest," said a CBI official.
What is obvious is that while the CBI and the Ministry of External Affairs translated documents in Spanish into English, the fugitive exploited legal loopholes to secure his release on bail. The Government of India did not even use diplomatic channels to persuade the Argentine authorities to effectively oppose the bail with the help of Indian lawyers.
The Government has so far not come up with any convincing reply to refute the charges levelled by the CBI in its affidavit submitted to the Supreme Court.
Minister of State for External Affairs Anand Sharma has used years of expertise acquired as the Congress spokesman to obfuscate the issue, saying the Government is extending all possible help to the CBI to bring back the fugitive. But that does not address the controversy triggered by the CBI's charge that the Ministry of External Affairs did not inform it about Quattrocchi's bail.
While the CBI has put the Government in the dock, it cannot escape blame for the great mess-up either. Even if it were to be granted that the Ministry of External Affairs did not keep the agency in the loop about the legal aspects of the case, is India's premier investigating agency so incompetent to have had no clue about the activities of an arrested fugitive? Were CBI officials not in touch with their Interpol counterparts and undercover agents? Why couldn't the CBI write to the Government, asking it to appoint lawyers to brief the Argentine police with the help of its own officers?
The CBI may find the going tough when the matter comes up before the Supreme Court. The Government may also have to do a lot of explaining in court. But the fact remains that the latest saga of la affaire Quattrocchi has further destroyed the credibility of both the CBI and its political masters.
<!--QuoteEnd--><!--QuoteEEnd-->
I always say, MEA is full of crocks. Go and visit any Indian Consulate or Embassy.