Case Note & Summary
The Supreme Court addressed the appeals challenging the order granting pardon to a co-accused in a corruption case. The appellant contended that the Special Judge lacked jurisdiction to grant pardon before the charge-sheet was filed. The case stemmed from a confessional statement made by the co-accused, which led to the prosecution seeking pardon to secure his testimony against the appellant. The Special Judge granted the pardon, which was subsequently challenged but upheld by the High Court. The appellant's main argument revolved around the interpretation of Sections 306 and 307 of the Code of Criminal Procedure and Section 5(2) of the Prevention of Corruption Act, asserting that the Special Judge could only grant pardon post charge-sheet. The court analyzed the statutory provisions and previous case law, concluding that the Special Judge indeed possessed the authority to grant pardon at any stage, including during the investigation. The court emphasized that the purpose of granting pardon is to prevent the failure of justice by enabling the prosecution to secure crucial evidence. Ultimately, the court dismissed the appeals, affirming the Special Judge's jurisdiction and directing that the trial be conducted independently of the pardon order's observations.
Headnote
A) Criminal Procedure - Grant of Pardon - Jurisdiction of Special Judge - Code of Criminal Procedure, 1973, Sections 306, 307; Prevention of Corruption Act, 1988, Section 5(2) - The Special Judge has the power to grant pardon at any stage of the investigation, including prior to the filing of the charge-sheet, as per Section 5(2) of the P.C. Act. The court held that denying this power would hinder the administration of justice and the ability to secure evidence against serious offences (Paras 44-46).
Issue of Consideration
Whether the Special Judge had the jurisdiction to grant pardon prior to the filing of the charge-sheet.
Final Decision
The Supreme Court dismissed the appeals, affirming the Special Judge's jurisdiction to grant pardon prior to the filing of the charge-sheet and directed that the trial be conducted independently of the pardon order's observations.
Law Points
- jurisdiction of Special Judge
- grant of pardon
- Code of Criminal Procedure
- Prevention of Corruption Act
- legal fiction
- original jurisdiction
