SC Pulls Up Tihar Jail Authorities; Asks To Immediately Shift Chandra Brothers of Unitech to Mumbai Jails
Moneylife Digital Team 26 August 2021
Expressing displeasure over the way Sanjay Chandra and Ajay Chandra, erstwhile promoters of Unitech Ltd, were allegedly operating from Tihar Jail in New Delhi, the Supreme Court asked to immediately shift them to jails in Maharashtra. The apex court also pulled up Tihar Jail authorities for acting in connivance with these directors of Unitech in engaging in illegal activities by flouting the jail manual, dissipating proceedings and derailing the investigation.
 
In its order, a bench of justice DY Chandrachud and justice MR Shah asked the two accused—Sanjay Chandra and Ajay Chandra—not to be provided with any additional facility in Mumbai's Arthur Road Jail and Taloja Jail.
 
During the hearing, the Enforcement Directorate (ED) claimed it has found a 'secret underground office', which was being operated by Unitech founder Ramesh Chandra, and both his sons Sanjay and Ajay visited the office, while they were on parole or bail. The agency has alleged that it was done in collusion with the Tihar Jail authorities.
 
Additional solicitor general (ASG) Madhavi Divan, representing the ED, submitted before the bench that during search and seizure operations, the agency unearthed a secret underground office, which is being used by Ramesh Chandra.
 
She added that the agency recovered hundreds of original sale deeds from that office. It also found hundreds of digital signatures and several computers which contain sensitive data in connection with their properties in India and abroad.
 
After hearing this, the apex court directed the Delhi police commissioner to hold an inquiry on the allegation that the Chandra brothers were allowed to be involved in illegal activities from Tihar Jail to scuttle the probe against them.
 
ED also informed the bench that the brothers also deputed officials to communicate their instructions outside the jail. "They (the Chandras) have been operating from inside the jail premises. They have rendered the entire judicial custody otiose," ASG Divan added.
 
Last week, the apex court gave 30 days to over 1,000 home-buyers, who have opted for a refund from Unitech to reconsider their decision and take possession of the flats.
 
Last month, ED had provisionally attached a 'bed & breakfast, hotel in London worth Rs58.61 crore as part of its ongoing investigation into a money-laundering case against the Unitech group. This hotel is owned by Ibournshorne Ltd, a UK-based associate company of Carnoustie group.
 
“Money laundering investigation by ED has revealed that tainted funds to the tune of Rs325 crore belonging to homebuyers were diverted to Carnoustie Group. Out of this, Rs41.3 crore were diverted to the UK after substantial layering through Carnoustie group, India and through Indesign Enterprises Pvt Ltd, Cyprus. These funds were used for purchasing the shares of Ibounshorne in the name of Carnoustie Management India Pvt Ltd, an entity belonging to Carnoustie group,” the agency says.
 
ED had initiated a money-laundering investigation based on various first information reports (FIRs) filed by homebuyers against Unitech and its promoters with the Delhi police.
 
Earlier, ED had conducted searches on 38 locations in the national capital region (NCR) and Mumbai on the premises of Shivalik group, Trikar group, Unitech group and Carnoustie group.
 
According to the agency’s claim, the total proceeds of crime in the case has arrived at Rs5,063.05 crore as determined till now.
 
ED had earlier attached immovable properties to the tune of Rs537 crore belonging to the Trikar, Carnoustie and Shivalik groups. With this attachment, the total attachment, in this case, has reached Rs595.61 crore.
Comments
siyngr
5 years ago
very good decision ! the Maharashtra jail authorities are all paragons of virtue - here everything will be done accordingly to jail manual and there will be no deviations .
what made the tihar jail authorities bend the rules for Chandra brothers - same methods will work anywhere in India .
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