Faced with strident Opposition attack, the government on Tuesday said the bail granted to Italian businessman Ottavio Quattrocchi in Argentina will have no bearing on the proceedings to extradite him.
"The government is processing the request of extradition with utmost urgency and a CBI team is scheduled to reach Buenos Aires well before the expiry of the stipulated 30 days time," Minister of State for Personnel Suresh Pachouri said in a four-page statement tabled in the Lok Sabha.
Quattrocchi, accused in the Rs 64-crore Bofors deal payoffs, was detained at Iguazu International Airport in the Argentinian province of Misiones on February 6, 2007.
The CBI made public his detention on February 23. The same day he was released on bail. Coming to the defence of the CBI, which has been accused of "deliberately concealing" for 17 days the detention of Quattrocchi, the government said the investigating agency has been "diligently preparing" for making the extradition request.
This was being done in accordance with the provisions of Argentinian law and within the stipulated time of 30 days.
"The fact that the extradition request prepared by the CBI in accordance with the procedure and substantive provisions of Argentinian extradition, comprising about 300 pages, itself indicates that this voluminous documentation has been prepared within the quickest possible time-frame," Pachouri said.
Pachouri contended that under Argentinian law, the extradition request and accompanying documents have to be in Spanish language and for this purpose, the Spanish translators available in Delhi, including those from one of "our" leading universities, were pooled.
"The translation work, being technical in nature, was time consuming. Even so, the translation work has been completed at the earliest," he said.
The minister said the government has been informed on February 26 at 1943 hours that Quattrocchi has been released on bail from preventive detention by the federal court in Argentina.
The bail was given with the condition that he will not leave Argentina.
"This will have no bearing on the extradition proceedings being initiated by our government," he said.
In his statement tabled amid vehement protests from the Bharatiya Janata Party-led opposition, Pachouri said the government was "fully committed to the autonomy of CBI and will render all possible assistance for the performance of its functions."
The statement, which was also tabled in the Rajya Sabha, said the CBI had received a communication through diplomatic channels indicating that even though India and Argentina did not have an Extradition Treaty, yet India could make a request for extradition of Quattrocchi.
Detailing the communication between the Argentinian Interpol and the CBI, he said the investigative agency received a message on February 7 informing it that Quattrocchi was detained the previous day. The CBI acts as Indian Interpol.
On that day itself, Interpol in New Delhi sent a message to its Argentinian counterpart requesting confirmation of the veracity of its message.
It also sought to know the information regarding the place from where Quattrocchi had arrived and his destination.
In a message on February 8, the Argentinian Interpol confirmed the detention of Quattrocchi and wanted to know whether Indian authorities were interested in his arrest and whether India will send a formal request for his extradition
through diplomatic channels.
The Argentinian Interpol also mentioned that the extradition request along with Spanish translation must be in accordance with the Argentian Extradition Act and must reach the government of Argentina within 30 days from the date of Quattrocchi's detention.
"Immediately, on the same day, the CBI responded confirming the same. The CBI also requested the Argentinian Interpol to indicate legal requirements for extradition in the absence of a formal Extradition Treaty between India and
Argentina," the minister said.
