Pardon granted as accused turns approver while co-accused MLA cries foul; HC says it is permissible
Bengaluru (PTI): The High Court of Karnataka has upheld the pardon granted to one of the accused in a Central Bureau of Investigation (CBI) case stating that the pardon is permissible if the testimony of the approver would help successfully prosecute the other accused in the case who may not get convicted by other means.
The Special Court in Bengaluru's order of granting pardon to Sushil Kumar Valecha, 73, the director of Shri Lal Mahal Limited, New Delhi was challenged by co-accused M/s Shree Mallikarjun Shipping Pvt Ltd and Sateesh Krishna Sail, the MD of the company.
"Pardon is a permissible exercise of power by the concerned court and if full disclosure of facts are coming about in terms of the said pardon, such pardon should be permitted," the high court said, upholding the trial court decision in the matter.
The Special Court had on October 7, 2021 allowed the application of Valecha under Section 306 of the Criminal Procedure Code (CrPC) seeking pardon on turning approver in the case.
Sail is the current Congress MLA from Karwar. The case related to illegal iron ore mining dates to 2012. The crime was registered against several accused by the CBI which investigated the case and filed a charge sheet.
Several of the accused filed for discharge from the case but all of them were rejected. The trial court framed charges against the accused under IPC and Prevention of Corruption Act.
Valecha then filed an application seeking pardon, contending that he was only an employee of Shree Mallikarjun Shipping Pvt Ltd and he was willing to turn approver. The CBI filed a memo stating it had no objection. Thus, his application was allowed.
The challenge to this order of the trial court was filed by MLA Sail and the company before the high court which was heard by the bench of Justice M Nagaprasanna.
In its judgment on June 16, the high court said that the trial court's order was reasonable.
"It is a well-reasoned order which takes note of several judgments on the issue rendered by the apex court and allows the application filed by accused No 4 (Valecha). Therefore, I do not find any warrant to interfere with the order passed by the concerned court," the HC said.
Referring to earlier Supreme Court judgments, the HC said that the application for pardon can be considered if it helps the prosecution case.
The HC said, "The apex court holds that if by tendering of pardon, prosecution thinks that it will be in the best interest of the successful prosecution of the other offenders whose conviction is not easy without the approver's testimony, then the court should accept it."
The HC also directed the trial court to conclude the trial at the earliest.
It said, "The petition lacking in merit, stands dismissed. The concerned court, if it has not proceeded with the trial on account of pendency of the subject petition, shall now make every endeavour to conclude the proceedings by regulating its procedure."
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13 lakh litres of 'Rail Neer' supplied to train passengers daily: Government
New Delhi (PTI): Approximately 13 lakh litres of packaged drinking water -- 'Rail Neer' -- are being supplied to train passengers across the railway network daily, the government informed the Lok Sabha in a written reply on Wednesday.
Apprising the Lower House about the Indian Railways' endeavour to provide safe and potable drinking water facilities at all stations, the government also provided zone-wise details of the water vending machines (WVMs) installed there.
"To ensure the quality of drinking water being made available at the railway stations, instructions exist for periodical checking and required corrective action to be taken.
"Regular inspection and maintenance of drinking water facilities is carried out and complaints are attended to promptly," Railway Minister Ashwini Vaishnaw said while responding to a question raised by BJP MP Anup Sanjay Dhotre seeking to know the supply of drinking water at railway stations across the country
"Complaints regarding deficiency in services, including water supply, are received through various channels such as public complaints, web portals, social media, etc. These complaints are received at various levels, including the Railway Board, zonal railways, division office, etc.," Vaishnaw said.
"The complaints so received are forwarded to the concerned wings of Railways and necessary action is taken to check and address them. As receipt of such complaints and action taken thereon is a continuous and dynamic process, a centralised compendium of these is not maintained," he added.
Providing zone-wise details of water vending machines, the minister said 954 such machines have been installed across railway stations.
"The Indian Railways also provides safe and affordable packaged drinking water bottles -- Rail Neer -- approved by the Bureau of Indian Standards (BIS) in trains and at stations," Vaishnaw said.
"Approximately, 13 lakh litres of Rail Neer are being supplied per day to the travelling passengers in trains and at stations across the Indian Railways network," he added.
