The Supreme Court today allowed an advocate to file a fresh petition against Ottavio Quattarocchi, an accused in the Bofors pay-off case, after terming as infructuous his plea to stop defreezing of the London bank accounts of the Italian businessman.
The apex court gave liberty to the lawyer, Ajay Agrawal to file a fresh writ petition, saying the prayers made in his petition filed in 2006 has become infructuous.
Agrawal had sought directions to the CBI to take steps to stop operationalisation of the bank accounts of Quattarocchi who is now staying in Italy.
"You withdraw this pending petition and file a fresh writ petition as none of the prayers survive," a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan said.
The Bench declared the petition "dismissed as withdrawn" after Agrawal, who wanted to pursue the petition with amended prayers, withdrew his petition and various other applications filed by him relating to Quattrocchi.
Solicitor General Gopal Subramanium said an application by CBI for withdrawal of the case against Quattrocchi was pending before the Chief Metropolitan Magistrate (CMM) and Agrawal has opposed it.
The matter is listed for hearing before the CMM tomorrow.
When the matter came up for hearing, the Bench said nothing survives in the petition as the accounts of the accused had already been defreezed.
Advocate Prashant Bhushan, appearing for Agrawal, said there were various issues which required to be heard by the court.
He said the matter cannot be allowed to be disposed of as several related developments had taken place after the filing of petition relating to Quattrocchi.
The court said any other issue relating to the matter can be raised by the petitioner in a fresh writ petition.