The Dubai-based businessman was extradited to India on January 31 last year in connection with the Rs 3,600-crore alleged scam related to the purchase of 12 VVIP helicopters from AgustaWestland
The Delhi High Court on Monday dismissed the Enforcement Directorate (ED) plea seeking revocation of the pardon granted to businessmen and accused-turned-approver Rajiv Saxena in AgustaWestland chopper deal case. Justice C. Hari Shankar, upholding Saxena approver status, said, “Resultantly, I find myself in agreement with the view, expressed by the learned Special Judge, that, before the recording of his statement under Section 306 (4) of the Cr PC, the application, of the petitioner (ED), as preferred before him, was not maintainable.”
The court noted that a preliminary objection had been advanced by Saxena’s counsel RK Handoo that the CrPC does not contemplate “revocation of pardon”. Handoo has said that pardon, once granted, can neither be revoked nor withdrawn or cancelled.ALSO READ: AgustaWestland case: CBI court lets ED further interrogate Christian Michel
“Strictly speaking, this contention may be correct; however, certain judicial decisions have referred to revocation of pardon, once tendered under Section 306 of the Cr PC, following the issuance of certificate, by the Public Prosecutor under Section 308 (1). Interestingly, Ratanlal and Dhirajlal, too, in their “The Code of Criminal Procedure” – which has, with the passage of time, become a classic of sorts – specifically refer to “revocation of pardon”. In any event, the impugned order, dated 5th March, 2020, does not reject the application, of the petitioner, on the ground that no concept of “revocation of pardon” exists in law, but proceeds to hold that the application was not maintainable, as no statement, of the respondent, had been recorded, before moving the application,” the court said…Read More
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