The petition filed by Directorate of Enforcement seeking revocation of ‘approver’ status accorded to accused turned-approver Rajiv Saxena in Agusta Westland VVIP Choper Scam Case has been dismissed by Delhi High Court on Monday.
The agency had appealed in High Court against the order of lower court which had turned down its plea seeking revocation of approver status accorded to Rajiv Saxena.
Rajiv Saxena was charged with offences which are punishable under Section 420 and Section 120B of the Indian Penal Code,and under the prevention of Corruption Act, 1988.
Under Section 306, of CrPC an application was filed by him,for grant of pardon which was allowed by the Special judge, While Section 306 of Indian Penal Code talks about tender of pardon to an accomplice, Section 308 lays down the provisions for trial of person not complying with conditions of pardon.
The Directorate of Enforcement had moved an application before the special judge seeking the revocation of tender of pardon granted. According to the respondent that application was not maintainable since it was preferred Section 306,CrPC and not under Section 308. Also added that the law does not recognize any concept of ‘revocation of pardon’.
High Court dismissed the application and upheld the order of special judge, and stated that before the recording of his statement under Section 306(4) of CrPC, the application was not maintainable and issuance of certificate, by the public Prosecutor,under Section 308(1) of CrPC had to be necessarily preceded by the recording of statement of approver, under Section 306(4).
By Sonika bisht of Law college Dehradun