It also directed that the Tihar officials be suspended, pending proceedings against whom cases will be lodged as per the report submitted by Delhi Police Commissioner Rakesh Asthana in a sealed cover.
The Supreme Court on October 6 ordered immediate suspension and a full-fledged probe against some Tihar Jail officials for conniving with the former promoters of the embattled company Unitech, following a report submitted by Delhi Police Commissioner Rakesh Asthana filed in a sealed cover.
A bench of Justices D Y Chandrachud and M R Shah directed that criminal cases be registered against Tihar Jail officials and other unknown persons under relevant provisions of Prevention of Corruption Act and Indian Penal Code against those involved in collusion on the basis of the report.
It also directed that the Tihar officials be suspended, pending proceedings against whom cases will be lodged as per the report.
The Enforcement Directorate, which is investigating money laundering charges against Unitech’s Chandras, had revealed to the Supreme Court on August 26 that Ramesh Chandra and Sanjay Chandra were operating a “secret underground office” in South Delhi from Tihar jail. The office was visited by his sons Sanjay Chandra and Ajay Chandra when on parole or bail.
The Supreme Court on August 26 had said that the Enforcement Directorate’s reports about the conduct of promoters of the embattled firm Unitech Group and the connivance of Tihar jail staff in flouting the orders and undermining the jurisdiction of the Supreme Court have raised serious and disturbing issues and directed that Sanjay Chandra and Ajay Chandra be shifted from Tihar Jail here to Mumbai’s Arthur Road Jail and Taloga jail in Maharashtra.
It had also directed that Delhi Police Commissioner personally hold an inquiry about the conduct of Tihar Jail staff with regard to Chandras and submit the report to the court within four weeks.
On October 6, the Supreme Court also ordered that the measures suggested by Asthana in his report regarding enhancing prison management should be complied with by the home ministry and that a copy of the report be shared with the ministry.
Reports filed in a sealed cover by Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO) and Delhi Police were taken on record by the top court.
The matter has now been listed for further hearing on October 21.
On September 29, the Serious Fraud Investigation Office (SFIO) had informed the Supreme Court it has prepared a report on the irregularities in the embattled company Unitech Ltd and has located some of its properties and that it be permitted to file its report in a sealed cover.
The top court in its October 2017 order had asked the former promoters of the Unitech Group to deposit Rs 750 crore with the apex court registry by December 31, 2017. Both Sanjay and Ajay are accused of allegedly siphoning home buyers’ money. The Chandra brothers have claimed that they complied with the court’s conditions and they have deposited an amount in excess of Rs 750 crore and, therefore, they are granted bail.
On August 25, the Supreme Court permitted the new board of management of Unitech Group to hold negotiations with the three asset reconstruction companies (ARCs) about the outstanding dues and the settlement agreement and apprise it within four weeks.
Besides ED and SFIO, the Economic Offence Wing of Delhi Police is also conducting an investigation into the affairs of the Unitech Group.
The matter pertains to a criminal case which started initially by one complaint lodged in 2015 and later joined by 173 other homebuyers of Unitech projects, Wild Flower Country and Anthea located in Gurugram.On January 20, 2020, the Supreme Court had allowed the Centre to take total management control of the embattled firm and appoint a new board of nominee directors.
