Co-accused has no right to be heard in pardon application: Delhi HC

New Delhi: The Delhi High Court has ruled that co-accused persons have no right to be heard before a court grants a pardon to an accused and turns them an approver, as such an order does not by itself prejudice the co-accused or lead to their conviction

New Delhi: The Delhi High Court has ruled that co-accused persons have no right to be heard before a court grants a pardon to an accused and turns them an approver, as such an order does not by itself prejudice the co-accused or lead to their conviction.

Court delivered the verdict in a petition filed in 2025 by a company accused in a corruption and money laundering case (HT Archive)

A bench of justice Jasmeet Singh in his verdict on July 4, held that while considering an application for pardon, whether before the chargesheet is filed or after inquiry begins but before the trial, the court does not adjudicate the guilt of the remaining co-accused.

In the 28-page verdict, the judge said an approver’s testimony becomes admissible only during the trial, when the witness is examined and cross-examined. Therefore, the co-accused get adequate opportunity during the trial to question the approver’s credibility.

“The scheme of Section 306 CrPC does not confer a right to be heard on every co-accused. The grant of pardon does not itself cause prejudice to the co-accused or lead to their conviction,” the court said.

It added, “The approver is rather to be examined and cross examined during trial, before his/her testimony can become an admissible evidence. The only effective opportunity to the co-accused to question the reliability of the approver can be granted at the stage of trial…Co-accused cannot oppose the application for granting pardon. He has no legal right to raise a grievance against an order granting pardon, though the court may, in an appropriate case, examine the legality or propriety of such an order in exercise of revisional or inherent jurisdiction.”

The company’s lawyer Vijay Aggarwal, said the order was passed without hearing the co-accused and could prejudice them.

Appearing for the Enforcement Directorate (ED), special counsel Zoheb Hossain, along with advocate Vivek Gurnani, argued that the grant of pardon and allowing an accused to become an approver is a matter between the court and the applicant.

Hossain submitted that a court may grant a pardon if the prosecution shows it is necessary for the successful prosecution of the remaining accused.