The Supreme Court in the case Central Bureau Of Investigation vs. Rajiv Saxena observed and has refused to cancel the bail granted to the accused-turned-approver Rajeev Saxena in the VVIP Augusta Westland Chopper Scam.
The court granted CBI the liberty to move an application before the Trial Court for the same. The bench comprising of Chief Justice, DY Chandrachud and Justices JB Pardiwala and Manoj Misra in the case observed wherein the Central Bureau of Investigation, CBI approached the bench to cancel the bail granted by the Delhi Court. In the present case, Saxena, who being the director of two Dubai-based firms – UHY Saxena and Matrix Holdings, is one of the accused named in the charge sheet filed by Enforcement Directorate, ED in the AgustaWestland case.
The counsel, Additional Solicitor General, ASG Mr SV Raju appearing on behalf of the CBI contended before the court that the respondent was not cooperating with the investigation authorities and that it was essential for the Court to issue directions for him to cooperate accordingly.
Further, the ASG SV Raju contended that he is not co-operating, he is not giving us documents, he is not answering questions, not coming to us when we are calling him…I am not pressing for cancellation, my entire endeavour is to show that he is not cooperating, let there be a condition or direction that he should cooperate, he should come when we call for, he does not come, he does not comply with a summons.
The CJI while referring to the original order observed that it is not that the original order granted, bail only on the grounds of medical conditions, it is also recorded by the Trial Judge that he has cooperated.
The bench in the case observed and has refused to interfere and dismissed the application for cancellation bail, although liberty was granted to CBI to move an application before the Trial Court.
The court obserevd that Christian Michel, the alleged middleman in the deal, former AgustaWestland and Finmeccanica directors Giuseppe Orsi and Bruno Spagnolini, former Air Force chief SP Tyagi and Saxena’s wife Shivani have also been named by the agency in the charge sheet.
The court also obserevd that India had scrapped the contract with Finmeccanica’s British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over the alleged breach of contractual obligations and charges of kickbacks of Rs 423 crore paid by it to secure the deal on January 01, 2024.
Facts of the Case:
The Special CBI Court in Delhi had allowed Saxena to turn approver and had granted him a pardon on 25.03.2019.
Therefore, the ED moved the Special Court in Rouse Avenue Court against the grant of pardon wherein it is contended that Saxena had exhibited bad faith, and had demurred from making a full and true disclosure of the facts and circumstances of the case, which was one of the essential conditions, subject to which pardon had been granted to him, by The Special Judge.
The court dismissed the application on 05.03.2020 as premature, for Saxena was yet to depose before the court as a witness.
the Delhi High Court single-judge bench of Justice C. Hari Shankar in the case observed and has dismissed the Enforcement Directorate’s plea for revocation of the pardon granted to Rajiv Saxena, one of the accused in the VVIP Chopper Scam case in June 2020.
The court in the case observed that Dubai-based businessman was yet to be examined by the Trial Court, which being merely because the Public Prosecutor had issued the Certificate for revocation of pardon as stated under Section 308 (1) of CrPC, on the basis of investigation, would not lead to revocation of pardon. The court while considering the facts and circumstances of the case that the non-co-operation, during investigation, is not one of the
circumstances contemplated, by Section 308 (1), so as to justify issuance of certificate by the Public Prosecutor and this is because the condition, whereunder pardon is granted to the accomplice, is candour before the court, and not candour before the investigating
officer.
