The CBI on Tuesday continued to press for closure of case against Italian businessman Ottavio Quattrocchi saying there was "nothing new" in the IT tribunal's order that should obstruct the withdrawal of the over two-decade-old case.
The CBI said it had not got any fresh instruction from the government on withdrawal of case against Quattrocchi in light of the tribunal's order. The tribunal had on Monday concluded that kickbacks of Rs 41 crore were paid to late Win Chaddha and Quattrocchi in the Howitzer gun deal and they were liable to pay tax on it.
"I am not disputing what the tribunal has said. That is the case of prosecutor (CBI) also and it is mentioned in the chargesheet. There is nothing new," Additional Solicitor General P P Malhotra told chief metropolitan magistrate Vinod Yadav.
The court, which was to pass its order on the politically sensitive case, started hearing arguments again after Supreme Court lawyer Ajay Agarwal submitted that the matter be looked into afresh in the light of the IT Tribunal's order. Hearing will continue on January 6.
The court, which initially expressed reservation on taking into account ITAT's order saying that it was passed by different forum and for different reason, agreed to hear the contentions of the CBI again as well as that of Agarwal who is opposing the agency's application.
He further said the court should decide the CBI's plea for withdrawing the case without going into its merits and only consider whether the application has been filed "bonafide, in good faith and in public interest".
Countering CBI's arguments, Agarwal submitted that law minister M Veerappa Moily had on Monday made a statement that the government will examine the issue afresh in the light of ITAT order.