UNITECH OWNERS WORKING FROM TIHAR, SC SENDS THEM TO MUMBAI

The Supreme Court on Thursday ordered that former Unitech promoters Sanjay Chandra and Ajay Chandra be immediately shifted from the Tihar Jail here to separate jails in Mumbai and slammed the prison authorities as “absolutely shameless” after the ED claimed the brothers were conducting business from inside in connivance with the prison staff.

The Enforcement Directorate (ed) also alleged it had unearthed a “secret underground office” in the national capital and that the premises was being operated by the erstwhile Unitech founder Ramesh Chandra and visited by his sons Sanjay and Ajay while on parole or bail.

Directing that Sanjay and Ajay Chandra be kept in Mumbai’s Arthur Road Jail and Taloja Central Jail in Navi Mumbai after it perused the two status reports of the ED, the top court directed the Delhi Police Commissioner to personally hold an inquiry forthwith about the conduct of the Tihar Jail Superintendent and other staff for conniving with the Chandra brothers to flout the court orders and undermine its jurisdiction. The Commissioner was asked to submit a report to the court within four weeks.

“We are of the view that materials on record indicates that despite the orders of this court, activities are taking place within the premises of Tihar Central Jail, where the two accused are lodged, which have the propensity to undermine the authority of the court, as also to derail the investigations which have been ordered to be done by the ED including but not confined to the PMLA.

"In the circumstances, we direct that both the accused Ajay Chandra and Sanjay Chandra be shifted from Tihar Central Jail to the premises of Arthur Road Jail, Mumbai and at Taloja Central Jail,” said a bench of Justices D Y Chandrachud and M R Shah in its order.

The ED, which has been investigating money laundering charges against the Chandras and Unitech Ltd, said in its report that both Sanjay and Ajay have rendered the entire judicial custody meaningless as they have been freely communicating, instructing their officials and disposing of properties from inside the jail in connivance with the prison staff there.

Both Sanjay and Ajay, who are in jail since August 2017, are accused of siphoning off home buyers’ money.

During the hearing, the court told Additional Solicitor General Madhavi Divan, appearing for the ED, “Tihar jail officials have actively connived with the accused to flout the orders of this court. We have to say that the Tihar Jail superintendent and his staff are absolutely shameless. But we don't want to miss the wood for the trees.

“All we have to say is that Tihar Jail staff are shameless. Can you imagine it is happening right in the Centre and in the capital? We will certainly take them to task. We will first shift the accused from this jail”.