Central Bureau Of Investigation vs Arvind Khanna

7. The respondent-petitioner was a Member of Legislative Assembly (MLA), Punjab from 24.02.2002 to 27.02.2007.

8. During the said period from 06.03.2002 to 04.03.2006, he received a sum of Rs. 9,04,84,770/- (Rupees Nine Crores Four Lacs Eighty-Four Thousand Seven Hundred and Seventy Only) from eight foreign entities, one of these is an entity known as ‘New Heaven Nominees’. The other seven entities are managed by an entity known as ‘CI Law Trust’.

11. So far as such order passed by the Revisional Court is concerned, respondent-petitioner has questioned Crl.A.@ SLP(Crl) No. 1420 of 2017 5 the same, mainly on the ground that the said order was passed without notice to him. At the same time, the respondent sought quashing of the F.I.R., charge-sheet and further consequential order, on the ground that the amount which he has received, is a gift from his father, Mr. Vipin Khanna, who is an Indian passport holder. The foreign entities, through whom such funds were sent, were holding the same on behalf of his father. The respondent relied on the statement allegedly given by his father, Mr. Vipin Khanna, on 11.07.2006 and also the statement dated 13.04.2007, issued on behalf of New Heaven Nominees’, stating that the funds which were sent, were from funds standing to the credit of respondent’s father, Mr. Vipin Khanna. It was also pleaded that Income Tax Authorities, vide order dated 11.12.2010, in proceedings under Section 147 of the Income Tax Act, 1961, accepted the said receipts as gift, and the same is confirmed by order dated 15.04.2014, passed by the Income Tax Appellate Tribunal in ITA Nos. 1915 to 1917/DEL of 2010.

13. After FCRA, 2010 has come into force, on the ground that offence alleged against the respondent is now compoundable under Section 41 of the Act, respondent has filed an application dated 04.06.2012 before the Ministry of Home Affairs, seeking compounding of offence. However, the Ministry of Home Affairs, by order dated 28.04.2014, rejected the same. Thereafter, the respondent filed Writ Petition (Criminal) No. 1168 of 2014 before the High Court, and the High Court vide order dated 08.07.2014, allowed the petition and directed the authorities to take decision afresh after hearing the respondent-petitioner. Thereafter, no decision was taken.

62. It is further important to note here that the Ministry of Home Affairs by order Crl.A.@ SLP(Crl) No. 1420 of 2017 9 dated 28.04.2014, rejected the compounding application of the petitioner. Accordingly, the petitioner challenged said rejection order vide W.P.(Crl.) No. 1168/2014, which was set aside by this Court vide order dated 08.07.2014 and directed a fresh hearing to the petitioner.

25. So far as the order passed by the Revisional Authority is concerned, if any adverse order is passed by the Revisional Court, without issuing notice to the respondent, it is open to the High Court to set aside the order and remit the matter back for fresh consideration but, at the same time, it is not open to allow the Revision in its entirety.

26. For the aforesaid reasons, this appeal is allowed, impugned common order dated 30.11.2015 is set aside. It is open for the trial court to proceed from the stage at which the proceedings were stopped and to decide the same in accordance with law, uninfluenced by any of the findings and observations made by this Court or the High Court. So far as the order dated 20.08.2011, in Crl. Revision Petition No.02/2011, passed by the Special Judge, CBI-03, New Delhi, we quash the same and remit the matter to the Revisional Court for fresh Crl.A.@ SLP(Crl) No. 1420 of 2017 14 consideration, after issuing notice to the respondent. The respondent, without waiting for any formal notice, shall make his appearance before the Revisional Court within a period of four weeks from today. Thereafter, it is open to the Revisional Court to fix a date for hearing, and pass an appropriate order, on its own merits.

[R. Subhash Reddy] NEW DELHI, October 17, 2019