The lawyer said Quattrocchi was also denied his right to know the charges against him when he was brought to court last month to effect the extradition order, which was approved by the home ministry on the Indian government's request.

"No charges have been preferred against the subject until today," Mr Mohamad Shafee said as the Italian sat in the dock. "This is a continuous illegality being committed on him." Mr Mohamad Shafee said Malaysian extradition laws clearly gave Quattrocchi the right to know the substance of charges he faced in India. The lawyer urged Session Court Judge Akhtar Tahir not to allow prosecutors to "achieve their mission by an illegal act." Mr Abdul Karim Abdul Jalil, a senior federal prosecutor, argued that the framing of charges was not a prerequisite in arresting a person for extradition. "All laws with regard to this case has been complied," he said.

Judge Akhtar said he would rule on April 3 on whether to quash the extradition order or to consider its merits further. Indian investigators have accused Quattrocchi and Martin Ardbo, former managing director of the Swedish arms maker AB Bofors, for allegedly paying kickbacks on the purchase of 400 artillery guns by India. If convicted, they face up to seven years in prison.

Both Quattrocchi, a former friend of the Gandhi family, and Ardbo have denied the charges against them. Ardbo is believed to be living in Sweden.

The case is part of a 1986 scandal over the $1.4 billion (Rs 64 crore) sale, which stirred a political storm in India and helped bring down late prime minister Rajiv Gandhi's government in 1989. Quattrocchi was arrested by Malaysian police last month and the home ministry approved sending him to India, although the two countries do not have an extradition treaty.

The Italian has also applied to a Malaysian High Court separately to quash the extradition order on grounds that the Indian government misled the Malaysian authorities by saying he had been charged in India. The trial is fixed for Feb. 16.