How was Quattrocchi's account de-frozen?
CBI froze Ottavio Quattrocchi's account when the Interpol brought to its notice that the Italian had money in two accounts in the Swiss branch of BSI-AG. The total amount was around Rs 21 crore. The gravamen of the CBI plea was that these formed 'part of the proceeds of the crime relating to the case'. The CBI had given a noting of the special judge who said that he was satisfied with the prima facie evidence that showed that Quattrocchi had received $7.123 million as kickbacks in the Bofors deal. The Italian businessmen had protested at this freezing, but the London high court had upheld CBI's plea.
Quattrocchi's lawyers started putting pressure on the Crown Prosecution Service (CPS) after Delhi high court threw out the Bofors case and discharged the Hindujas on May 31, 2005. They claimed to the CPS that their case was linked with Hindujas who were charge-sheeted along with them in October 2000. Quattrocchi's counsel claimed that if Hindujas were discharged on the same evidence, why should the same benefit not to be extended to the other accused in the case? It was a compelling argument and the CPS wanted to know the position of the Indian government. Around this time, the CBI was dithering whether it should file a special leave petition in the supreme court against the high court discharge. At the behest of the then CBI director, US Misra, an opinion was sought from KP Pathak, law officer attached to the law ministry. Pathak suggested that 'in the absence of any authenticated documents in terms of the evidence act, I am of the opinion that proceeding against all accused persons such as the Hindujas, Bofors and Quattrocchi will be nothing but an abuse of the process of the court.' He also stated that there was no connection between the money and the crime and it cannot be sustained in the court.

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