VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 517
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cannot be disputed which was duly certified by the Air Force
authorities. Moreover, in the departmental enquiry strict rules of
evidence are not applicable and even hear-say evidence is admissible
once proper explanation for that is shown.
(517)
Tender of pardon
(i) Special Judge has power to tender pardon at
investigation stage i.e. before filing of charge sheet.
(ii) Tender of pardon cannot be objected by a coaccused
at investigation stage.
Ashok Kumar Aggarwal vs. Central Bureau of Investigation,
2001 Cri.L.J. DEL 3710
The Delhi High Court observed that Special Judge in fact
enjoys more powers than a Session Judge acting under the Code of
Criminal Procedure for the reason that the Special Judge is vested
with the powers of not only Sessions Court, but of the Magisterial
Court also for the purposes of the offences under the Act. He
conducts entire proceedings against an accused from the date of his
arrest till the final conclusion of the trial. A plain reading of sec. 5(2)
of the Prevention of Corruption Act, 1988 shows that the legislature
has in no way restricted the powers of a Special Judge in the matter
of tender of pardon to any stage of the proceedings. Had the
legislature intended to do so, it could have specifically laid down in
sec. 5(2) of the Act that a Special Judge after filing of the charge
sheet only may tender pardon to a person concerned with the offence.
In fact tender of pardon at the stage of investigations is more
meaningful and result-oriented for the investigators. Therefore,
Special Judge has powers to record the statement of an accused
and tender him pardon before filing of the charge sheet. Thus a
Special Judge trying offences under the Act has dual powers of
Sessions Judge as well as Magistrate and controls and conducts the
proceedings under the Code prior to