ED seeks SC clarification on custodial interrogation of ex-Unitech promoters Chandra brothers

The Enforcement Directorate on Wednesday instructed the Supreme Court that it wants custodial interrogation of ex-Unitech promoters Sanjay Chandra and Ajay Chandra, who’re presently lodged in two separate jails of Mumbai, and sought clarification of an apex court docket order which is coming in its approach.

The probe company which is investigating cash laundering fees towards the ex-promoters stated that in view of latest proof which has been discovered towards the Chandra brothers, it must confront them and if required formally arrest them.

A bench of Justices DY Chandrachud and MR Shah requested Additional Solicitor General Madhavi Divan to file a proper utility specifying as to what it needs to do with their custody by subsequent week and it’ll go the order.

Divan, showing for the ED stated that the company has moved the Patiala House Court searching for manufacturing of accused Sanjay Chandra and Ajay Chandra, and two orders had been handed by the court docket on November 2 and 12 and so they had been required to be produced by Mumbai jail authorities on Wednesday.

She stated that Mumbai jail authorities have refused to provide the 2 accused earlier than the Patiala House Court right here on the bottom that the highest court docket had on August 26, directed the jail authorities to allow them to attend the court docket proceedings by means of video conferencing.

“I need clarification of that order as Mumbai jail authorities are not producing them. The agency needs to confront them with the massive evidences which they have got against them and we may seek their custodial interrogation,” Divan stated.

The bench stated that it has acquired a letter from Jail Superintendent in Mumbai in regards to the order handed by Patiala House Court right here and he has additionally sought clarification.

The bench stated that Chandras could be produced earlier than the Justice of the Peace court docket nearly however so far as custodial interrogation is required, the company can file an applicable utility by November 24 and it could actually go orders in regards to the similar.

Divan stated that it is extremely troublesome to confront the accused with proof and therefore their bodily presence is required.

The bench requested Divan to tell the Justice of the Peace’s court docket which has handed the 2 orders requiring their manufacturing that the difficulty is pending earlier than the highest court docket.

On November 10, the highest court docket had stated that it’s a “sorry state of affairs” in Tihar Jail which has develop into a den of criminals and murders are occurring there, and had directed the Home Ministry to take speedy steps on jail reforms and improve administration.

The apex court docket had additionally expressed annoyance over the Ministry of Home Affairs (MHA) not submitting an motion plan and report on steps taken on the strategies given by Delhi Commissioner of Police Rakesh Asthana.

The prime court docket was earlier knowledgeable by Delhi Police that it has registered an FIR below numerous sections of the Prevention of Corruption Act and IPC towards 37 individuals about collusion with realty agency Unitech’s imprisoned ex-promoters Sanjay and Ajay Chandra.

The ED had made a startling revelation not too long ago that it had unearthed a “secret underground office” right here which was being operated by erstwhile Unitech founder Ramesh Chandra and visited by his sons Sanjay and Ajay when on parole or bail.

Both Sanjay and Ajay who’re in jail since August 2017 are accused of allegedly siphoning home consumers’ cash.
On October 6, the highest court docket had directed suspension of Tihar Jail officers, registration of the case towards them, and full-fledged probe into their collusion with Chandra brothers, based mostly on Asthana’s report.

On August 26, the apex court docket had directed that the Chandra brothers be shifted from Tihar Jail within the nationwide capital to Mumbai’s Arthur Road Jail and Taloja jail in Maharashtra after the ED had stated that they had been conducting enterprise from the premises in connivance with the employees.

The prime court docket, which had then perused two standing stories of the ED, stated that the Tihar Jail Superintendent and different employees are “absolutely shameless” for conniving with the Chandra brothers to flout the court docket orders and undermine its jurisdiction.

Under the course of the highest court docket, the Chandra brothers had been shifted to jails in Mumbai.

It had directed the Delhi Police Commissioner to personally maintain inquiry forthwith in regards to the conduct of the Tihar Jail employees in regards to the Chandras and submit the report back to the court docket inside 4 weeks.

The ED and SFIO, Economic Offence Wing of Delhi Police can also be investigating the affairs of the Unitech Group and enterprise transactions of erstwhile promoters of the actual property firm.

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