New Delhi : , Wednesday, November 17, 2017 – The Enforcement Directorate (ED), seeking custodial interrogation for the ex-promoters of Unitech Sanjay Chaudra and Ajay Chadra on Wednesday, stated that they have “bulky evidence.” The Chandra brothers were shifted from Delhi’s Tihar Jail to Mumbai’s Arthur Road Jail and Taloja prison in Maharashtra, after the ED, which is probing the money laundering case, alleged they were conducting business from the Tihar premises in collusion with jail officials.After the ED began probing the case of money laundering, the Chandra brothers were moved from Tihar Jail in Delhi to Mumbai’s Arthur Road Jail, and Taloja Prison in Maharashtra. Additional Solicitor General Madhavi Divan, representing the ED, submitted before a bench headed by Justice D Y Chandrachud that the agency has enough and bulky evidence against the Chandra brothers and cited the ED’s status report in the matter.
Madhavi Divan (Additional Solicitor General), representing the ED, stated before a bench led by Justice D Y Chandrachud, that there is enough evidence and substantial weight against the Chandra siblings and cited the ED status report.The bench queried Divan why they need the Chandra brothers for custodial interrogation.Divan was asked by the bench why they needed to interrogate Chandra brothers.”We need a direction.We need direction.We made an application that he be brought to Patiala House court.”We made an application for him to be taken to Patiala House Court.We have enough material.There is enough material.Evidence is bulky”, Divan contended.Divan claimed that evidence is “blended”.
She added that the agency has to confront them with evidence, and this process cannot be carried out via video conferencing.
Elle stated that agencies must confront the agents with evidence and cannot do this via video conference.
The counsel added that they should be brought back to Delhi for proceedings before the Patiala House courts, after which the agency required their custody.
They should also be returned to Delhi to face the Patiala House court proceedings, which would result in their being taken into custody by the agency.Divan sought the top court’s intervention as the jail authorities in Mumbai declined to send them to Delhi, citing the court’s August 26 order that the presence of the accused should be done virtually.
Divan requested the intervention of the highest court as Mumbai’s jail authorities refused to release them.Citing the August 26 court order, Divan stated that they should only be present virtually.”There was an order by this bench that they be only produced through video conferencing”, said Divan.Divan stated that there was an order from this court that the accused be seen only via video conference.
After hearing Divan’s argument, the bench asked her to bring the contents of her submission in an application.The bench heard Divan’s arguments and asked her to submit her contents in an application.
The bench added that the agency should also explain why they need the Chandra brothers physical presence.According to the bench, the Chandra brothers’ physical presence should be explained by the agency.
On November 10, the Supreme Court expressed its dissatisfaction over the delay by the Ministry of Home Affairs (MHA) in taking action on recommendations submitted by Delhi Police Commissioner Rakesh Asthana in a report on prison reforms, after it was found that some Tihar jail officials were extending undue assistance to ex-Unitech promoters Sanjay Chandra and Ajay Chandra.The Supreme Court voiced its disappointment on November 10 regarding the Ministry of Home Affairs’ (MHA), delay in responding to Rakesh Asthana, Delhi Police Commissioner in his report on prison reforms.
This was after it became apparent that Tihar officials extended undue support to former Unitech promoters Sanjay Chaudra and Ajay Chendra.
On August 26, the top court ordered the shifting of the Chandra brothers to jails in Mumbai following a report by the Enforcement Directorate claiming it has found a “secret underground office”, which was being operated by their father and Unitech founder Ramesh Chandra, and both his sons visited the office, when on parole or bail.
The top court ordered that the Chandra brothers be moved to Mumbai jails.This was in response to a report from the Enforcement Directorate, which claimed it had found a secret underground office.
It was operated by Ramesh Chandra (unitech founder) and his two sons.The agency had alleged that it was done in collusion with the Tihar Jail authorities, and added that such practices from inside the jail defeat the purpose of judicial custody.
It was claimed that the move had been made in collaboration with Tihar Jail officials.The Enforcement Directorate also stated that the practice of operating from jail violates the purposes of judicial custody.
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