The order of the Argentine Court rejecting the extradition of Bofors accused Ottavio Quattrocchi said the Indian government failed to produce the arrest warrant against the Italian fugitive who is allegedly involved in taking a cut from the commission of the Rs 1,437 crore-Howtizer gun deal of 1987.

The translated copy of the order which was produced by the CBI on Tuesday before the Supreme Court said, ''The Government of India has failed to submit a court resolution ordering the issuance of the arrest order, dated May 25, 1997, which is the origin and reason of the commencement of these proceedings and of the provisional arrest ordered by this court against Quattrocchi.''

“Furthermore, the government of India has attached a copy of the arrest order and of the court resolution dated February 24, 2007 which provides no pertinent grounds for such arrest. Therefore, the requirements stated by section 13 (extradition) are not met,” said the order which was pronounced in Spanish.

Failure in translation

While dismissing India’s petition for the extradition of the accused to face trial in a Delhi Court, the Argentine court said, “To admit this request would constitute a dangerous legal precedent in violation of the Argentine criminal law and the right to due process safeguarded by Section 18 of the Argentine constitution and enriched by the treaties on human rights of constitutional hierarchy.”

While submitting the copy of the order, Additional Solicitor General Gopal Subramanium said the CBI failed to secure the exact translation of the Argentinian court order from Spanish to English.

The court on November 26 last year had asked the CBI time to file a ‘true and correct translation’ of the court order.

The court asked petitioner Ajay Kumar Aggrawal to file his reply in three weeks to the copy of the order.
The Italian businessman, who was detained on February 6 last year on the basis of a Red Corner notice, was released on bail on February 23.

Mr Aggrawal, an advocate, in his petition had alleged that the Indian government had deliberately failed to produce the required documents before the Argentine court for the extradition of Quattrocchi.