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AgustaWestland accused Rajiv Saxena (centre) is escorted by police as he leaves a court in New Delhi. (Source: Reuters)
The counsel representing the Enforcement Directorate (ED) on Friday opposed the plea of businessman Rajiv Saxena, accused in the AgustaWestland case, to turn approver in the case and told a Delhi court that unless he is shown or allowed to read Saxena’s statement, he, as a prosecutor, will not give his consent.
The agency’s counsel, D P Singh, submitted before Special Judge Arvind Kumar that he was supposed to respond to Saxena’s statement, recorded before the accused is pardoned, but is not filing his response since he has not been shown the statement.
Saxena’s statement was recorded in-camera in the chamber of Additional Chief Metropolitan Magistrate at Patiala House courts on March 6. The ACMM gave a copy of the statement to the case investigating officer (IO).
Singh told the court on Friday: “I have to satisfy myself first before supporting his (Saxena’s) application. I am not bound to anybody. Being a prosecutor in the case, I have to see whether his disclosure statement is significant revelations in the case or not.”
“Am I not entitled to see the statement, which was given to the IO in the case,” Singh asked the court, adding that the “responsibility is higher on this (ED’s counsel) side, as the court has to pronounce its order (on whether Saxena be made approver)”.
Senior advocate Geeta Luthra and advocate Shivani Luthra Lohiya, representing Saxena, opposed Singh’s contention and said that unless Saxena’s statement is made part of the chargesheet, the copy for the statement cannot be supplied with.
The court fixed the matter for further hearing on March 14.
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