A delay in commencing the probe and a great deal of non-cooperation may have hurt the initial investigations into the AgustaWestland case.
The Italian court in its order had also noted that there was not enough cooperation by the union government (UPA).
The CBI is probing to find who behind the scenes was influencing the probe to slow down or even adopt a non-cooperative approach with the Italian investigators who had sought documents relating to this case.
Further the probe had been delayed by a long time since there was a debate on the provisions to proceed with the investigation. The CBI will not try and ascertain whether these were deliberate delays or not.
First and foremost the Italian court notes that investigators had not received all documents relating to the case. The investigators in Italy wanted a list of the documents right from 2002 when the deal was first proposed. However there the deal was rejected in 2002, but by 2005 it was back on the table.
In addition to this the Central Bureau of Investigation had registered the FIR on March 12 2013. However this report was sent to the Enforcement Directorate only in December the same year.
After the ED had received the file there were deliberations on which provision the case needs to be investigated under. At first it was said that the case should be probed under the Foreign Exchange Management Act.
However, many had felt that the provisions of FEMA are too light and this is a case that involves pay offs. Hence it ought to be probed under the provisions of the Prevention of Money Laundering Act.
Sources say that there had been sufficient delay and this could have hurt the probe. This is also a part of the probe the CBI says. Further we are also probing to find out why all the files were not shared with the Italian investigators when they had specifically asked for the same, the CBI official also says.