On Monday, the High Court of Delhi issued a notice to accused-turned-approver Rajiv Saxena in AgustaWestland chopper scam case on a plea filed by Enforcement Directorate (ED) challenging a Trial Court order which had refused to cancel his bail.
The Enforcement Directorate had approached the HC challenging a Trial Court order, which had denied to cancel his bail & revoke the approver status of Saxena. A Special Court has also dismissed the Enforcement Directorate application seeking his bail cancellation in the money laundering case.
Justice C Harishankar, while seeking a response from Rajiv Saxena, slated the matter for arguments in the case on June 3.
A Trial Court had recently, while passing the order in the matter, had observed that failure of accused to comply with the conditions on which the pardon is tendered, makes accused liable to be tried.
The Court said that "Rajiv Saxena is yet to enter into the witness box to depose before this court. The status of Rajiv Saxena, as on date, is of a witness & he has ceased to be an accused. Therefore, there is no question of cancellation of bail of Rajiv Saxena".
The same Trial Court had also refused to revoke Rajiv Saxena approver status in Agusta Westland money laundering case.
"Application filed by ED is premature & is liable to be dismissed. The Enforcement Directorate may move an appropriate application for revocation of a pardon granted to Rajiv Saxena, if so needed, at appropriate stage," the Judge observed.
The economic offences watchdog, through a special public prosecutor, had then submitted that Saxena while seeking tender of pardon subject to the condition that he will make full disclosure, to the extent, to facts within his knowledge & on March 6, 2019, his statement was recorded & ED has given its no objection for tender of pardon to him & making him as approver & vide order dated March 25, 2019.
ED said that "He was granted pardon & he was allowed to be an approver subject to his making full & true disclosure of the whole of circumstances within his knowledge relating to the offence".
The special public prosecutor, during the arguments, submitted that the respondent has very strategically withheld & not disclosed the full & true facts within his knowledge relating to the commission of the offence & has deliberately hidden & fabricated certain documents to shield the co-accused, which is contrary to the terms of the grant of pardon.
The Dubai-based businessman was extradited to India on Jan 31, 2019, in connection with the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.
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