The recent plea filed by Congress MLA Satish Krishna Sail challenging the pardon granted to a co-accused in an illegal mining case has been dismissed by the Karnataka High Court. The co-accused had turned an approver in the case. Justice M Nagaprasanna upheld the special MP/MLA judge's order, which had granted pardon to the co-accused in a case related to the alleged illegal export of iron ore, in which Sail is also an accused.
Justice Nagaprasanna stated that all the necessary conditions for granting pardon under Section 306 of the Criminal Procedure Code (CrPC) were present in the trial court's order. The High Court emphasized that the only limitation on the court's power to grant pardon under Section 306 of the CrPC is that the order should not be devoid of the application of mind.
The criminal case, registered by the Central Bureau of Investigation (CBI), involves several individuals, including Sail. When the matter was scheduled for framing of charges, one of the accused individuals filed an application seeking pardon, claiming to be a mere employee of the accused company and expressing willingness to become an approver. The trial court accepted this application, leading Sail and a shipping company, also accused in the case, to challenge the trial court's order before the High Court.
The petitioners argued that allowing every co-accused to turn approver would result in severe prejudice to the other accused individuals. However, the CBI contended that the aim of the criminal justice system is the discovery of truth, and if additional evidence emerges in a given case, it is beneficial to all parties involved.
The judge, in his analysis, emphasized that Section 306 of the CrPC and the essence of the criminal justice system prioritize the discovery of truth, even if it requires procuring additional evidence. The judge also referred to a Supreme Court judgment in the Lt. Commander Pascal Fernandes v State of Maharashtra case, which held that the grant of pardon is a permissible exercise of power by the court. The top court ruled that if a full disclosure of facts arises from the grant of pardon, it should be allowed.
The High Court concluded that the trial court's order granting pardon was well-reasoned and found no grounds for interference. Therefore, the petition was dismissed. The court stated that the trial court's order considered several judgments on the issue rendered by the Supreme Court and approved the application filed by accused No.4.
Advocate Pavana Chandra Shetty appeared for the petitioners, while Special Public Prosecutor P Prasanna Kumar and BK Arun represented the respondents.
Click Here to: Download/View Related File
TAGS: Congress MLA Satish Krishna Sail plea dismissed Karnataka High Court co-accused illegal mining case approver Justice M Nagaprasanna special MP/MLA judge pardon illegal export of iron ore accused Section 306 Criminal Procedure Code (CrPC) application discovery of truth criminal justice system additional evidence Lt. Commander Pascal Fernandes v State of Maharashtra well-reasoned order interfere petition Advocate Pavana Chandra Shetty Special Public Prosecutor P Prasanna Kumar BK Arun.
