Delhi HC notice to Rajiv Saxena on ED's plea challenging trial court order refusing cancellation of bail
May 18, 2020
New Delhi [India], May 18 : Delhi High Court on Monday issued a notice to accused-turned-approver Rajiv Saxena in AgustaWestland chopper scam case on a petition filed by Enforcement Directorate (ED) challenging a trial court order which had refused to cancel his bail.
The ED had approached the High Court challenging a trial court order, which had refused to cancel his bail and revoke the approver status of Saxena. A special court has also dismissed the ED 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.
"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 and he has ceased to be an accused. Therefore, there is no question of cancellation of bail of Rajiv Saxena," the court had said.
The same trial court had also refused to revoke Rajiv Saxena approver status in Agusta Westland money laundering case.
The judge had observed that "application filed by ED is premature and 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 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 and on March 6, 2019, his statement was recorded and ED has given its no objection for tender of pardon to him and making him as approver and vide order dated March 25, 2019.
"He was granted pardon and he was allowed to be an approver subject to his making full and true disclosure of the whole of circumstances within his knowledge relating to the offence, ED said.
The special public prosecutor, during the arguments, submitted that the respondent has very strategically withheld and not disclosed the full and true facts within his knowledge relating to the commission of the offence and has deliberately hidden and 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 January 31 last year in connection with the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland.
