Case Note & Summary
The Supreme Court addressed an appeal by the Central Bureau of Investigation (CBI) against a High Court order that set aside a Special Judge's decision granting pardon to respondent no. 2, Abhishek Verma, under Section 306 of the Code of Criminal Procedure, 1973. The case originated from a complaint by Abhijit Chakraborty of the Enforcement Directorate regarding alleged forgery involving a fax message from a Swiss bank. The investigation revealed a conspiracy to create false evidence against Subhash Chandra Barjatya, leading to the arrest of respondent no. 2, who later sought pardon to become an approver. The Special Judge initially granted this request, but the High Court quashed the order, prompting the CBI's appeal. The court examined the legal standards for granting pardon, emphasizing that it is a judicial act requiring careful consideration of the evidence and the roles of the accused. The court noted that the High Court had not properly considered the facts and circumstances surrounding the case, including the lack of information provided by the CBI regarding other pending cases against respondent no. 2. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's decision while clarifying that its observations should not be construed as final on factual issues, allowing the lower court to proceed according to law.
Headnote
A) Criminal Procedure - Grant of Pardon - Judicial Discretion - The court must exercise discretion in granting pardon, considering the culpability of the accused seeking pardon in relation to co-accused - Code of Criminal Procedure, 1973, Section 306 - The court emphasized that the grant of pardon is a judicial act requiring careful consideration of the implications and the nature of evidence expected from the approver. Held that the High Court's interference was unwarranted as the Special Judge had followed the legal principles laid down by the Supreme Court (Paras 20-28).
Issue of Consideration
Whether the High Court erred in setting aside the Special Judge's order granting pardon to the respondent and making him an approver.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's order quashing the Special Judge's grant of pardon and remanding the case for fresh consideration. The court emphasized the need for careful judicial discretion in granting pardons and the importance of considering the implications of such decisions.
Law Points
- Pardon under Cr.P.C.
- Judicial discretion
- Role of prosecution in granting pardon
- Evidence of approvers
- Public policy in criminal justice
