Five accused in the diplomatic channel gold smuggling case, Sandeep Nair, Musthafa, Abdul Azeez, Nandagopal and Mohammed Anwar, were tendered pardon by the Special Court of the National Investigation Agency (NIA) on Tuesday and made approvers in the case.
With the court providing them pardon, these accused would become the witnesses of the NIA in the case.
NIA special judge K. Kamanees tendered the accused pardon, on an application from the NIA, on the condition that they would make “full and true disclosure of the whole of the circumstances and facts within their knowledge relating to the offence and to every other person concerned” in the case.
The NIA had submitted that the accused persons had voluntarily expressed their willingness to disclose true facts which were known to them regarding the role played by them and the other accused in the crime. The agency contended that the evidence rendered by these accused were highly essential for establishing the offences alleged against the first few accused in the case and hence they had to be tendered pardon and examined as witnesses in the case.
Exempted
The agency had earlier exempted these persons from the list of accused in the final report filed before the Special Court.
On Monday, the confessional statements of the accused, which were recorded by magistrates earlier, were read over to them. The court also questioned them whether the earlier confession statements were made voluntarily and on their own, devoid of any coercion, undue influence or misrepresentation or like vitiating circumstances.
All the accused admitted that the confessional statements given by them voluntarily were correct. They submitted that they gave their willingness to provide the true and full evidence of the matters within their knowledge on the culpability of the accused persons as mentioned in their confessional statements.
The accused also asserted that they knew that their status as approver could be undone with and the prosecution had the right to proceed against them if they did not give true and full disclosure of facts.
