Whether court should revoke pardon granted to approver on the ground that he is not co-operating during investigation?

The Certificate, of the Public Prosecutor, in the present case,

does not allege that, before the Court, the respondent concealed

anything essential, or gave false evidence. In fact, a holistic reading of

the application, filed by the petitioner before the learned Special

Judge, reveals that the grievance of the petitioner is, essentially, that

the respondent has not cooperated during investigation, and has

withheld material in his possession. Mr. Handoo is right when he

contends that non-co-operation, during investigation, is not one of the

circumstances contemplated, by Section 308 (1), as justifying issuance

of certificate by the Public Prosecutor. Quite obviously, this is because

the condition, whereunder pardon is granted to the accomplice, is

candour before the court, and not candour before the investigating

officer. Non-cooperation with the investigative process, therefore, is

irrelevant, insofar as Section 308 (1) is concerned. So long as the

approver does not conceal anything essential before the Court, and

does not give false evidence before the Court, no occasion, for

issuance of any certificate, by the Public Prosecutor, under Section

308 (1), can be said to arise. The grounds, urged in the application of

the petitioner, preferred before the learned Special Judge did not,

therefore, make out a case for issuance of Certificate under Section

308 (1), by the Public Prosecutor. The learned Special Judge,

therefore, rightly chose not to “revoke the pardon” extended to the

respondent, on the basis of the said averments.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

Pronounced on: 8th June, 2020

 CRL.M.C. 1477/2020 & CRL.M.A. 6491/2020, CRL.M.A.

7117/2020

DIRECTORATE OF ENFORCEMENT Vs  RAJIV SAXENA

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

Citation: 2020 SCC OnLine Del 719

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