A Delhi court Thursday refused to revoke the 'approver' status of a former accused in a money laundering case related to the AgustaWestland chopper scam, saying he has to be given the opportunity to defend himself against ED's allegations that he breached the conditions set while granting him the pardon.
The Enforcement Directorate had approached Special Judge Arvind Kumar saying the accused-turned-approver - Rajiv Saxena - had breached the conditions set by the judge while granting him pardon.
The court said the breach of the conditions of the order granting pardon has to be looked in to after the approver is examined by a trial court.
"...opportunity has to be granted to the accused to defend himself that he has complied with the conditions on which he was granted pardon.
"Therefore, until and unless the aforesaid procedure is followed the court cannot revoke the pardon granted to the accused," the judge said.
The court said in its order that the application filed by the ED seeking revocation of the status "is premature and is liable to be dismissed".
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"The ED may move appropriate application for revocation of pardon granted to respondent Rajiv Saxena, if so needed, at appropriate stage," it said.
The agency had told the court that Saxena, a middleman-turned-approver, withheld information and did not make the compete disclosure during the investigation.
The agency also alleged that Saxena misled the probe agency during investigation.
"Despite turning an approver, Saxena has been in touch with other persons who are involved in the case. Saxena has a mala fide intent to shield other accused persons and prevent a successful prosecution," the agency had submitted.
The ED had further stated that Saxena failed to join the investigation citing frivolous reasons after being called by it around 25 times.
The court had earlier allowed Saxena to turn approver as also his plea for grant of pardon on the condition that he would fully disclose all information in the case.
Saxena, director at two Dubai-based firms -- UHY Saxena and Matrix Holdings -- was one of the accused named in the charge sheet filed by the ED in the Rs 3,600-crore AgustaWestland scam.
The Dubai-based businessman was extradited to India on January 31 in connection with the Rs 3,600-crore scam case relating to the purchase of 12 VVIP helicopters from AgustaWestland.