Italian national Orsi is a co-accused in the case filed by the CBI. He has sought adjournment of the proceedings saying that the summons given to him by the agency is “illegal”.
Raising a plea of double jeopardy, Orsi has submitted that “in no event, no offense is made out against him” as he has already been acquitted by the Italian court in 2018. Orsi has demanded that the special CBI court direct the CBI to serve. Fresh summons as per law.
Taking stock of Orsi’s application, the CBI court has issued a notice to the agency and sought its response.
The agency had issued summons to Orsi more than three years ago. Till date he has neither joined the investigation nor has personally appeared in the Indian court.
Orsi has submitted that through his counsel “without prejudice to his rights and disputes” in December 2019, January and July 2021 with regard to initiation of criminal proceedings without the jurisdiction of the court as well as the lawful service of the court process. They have been represented since.
He has also disputed the jurisdiction of the Indian court saying that he is not an Indian citizen. The Italian businessman has argued that he can only be subjected to Italian laws. “For the same alleged offence, the Government of India submitted itself to the jurisdiction of the courts in Italy by presenting itself as a party in those proceedings. Therefore, the Government of India could no longer prosecute him in the Indian courts, Application form as per Orsi.
The petition further states that his “appearance continues without prejudice to his foregoing objections with respect to jurisdiction” and that his present application “should not be considered for submission to the jurisdiction of an Indian court”.
“If summons/notices are to be issued to foreign nationals, they need to be issued as per the detailed guidelines laid down by the Ministry of Home Affairs and through diplomatic channels,” it said.
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