SC clears ED's hurdle for fresh custodial interrogation of former Unitech promoters
New Delhi: The Supreme Court on Wednesday cleared a hurdle for fresh custodial interrogation of ex-Unitech promoters Sanjay Chandra and Ajay Chandra by the Enforcement Directorate as it clarified that its earlier order of production of the accused through video conferencing facility will not come in the way. The ED has sought clarification of the August 26, order of the top court by which it had transferred the Chandra brothers to two separate jails in Mumbai and said that they will participate in judicial proceedings against them through video conferencing.
The anti-money laundering agency has said that given new evidence found against them, it needs to confront the ex-promoters, and for that their custodial interrogation is needed.
A bench of Justices DY Chandrachud and MR Shah said, Having regard to the contents of the application, which have been filed by the ED, we clarify that the order dated August 26, 2021, will not come in the way of ED to bring the requisite application before the magistrate for the purpose of seeking custodial interrogation of the accused, which shall be decided in its own merits.
The bench said that in the event the custodial interrogation is granted by the magistrate, the accused (Sanjay and Ajay Chandra) shall be transferred back to the jails after the period is over to which they were directed to be lodged in terms of the order dated August 26, 2021.
It noted that the application has been filed by the Assistant Director in the Enforcement Directorate seeking clarification on the order of this court dated August 26, 2021.
The Enforcement Directorate has stated that it required custodial interrogation of the accused persons, Sanjay Chandra and Ajay Chandra. The ED has moved an application before the Chief Metropolitan Magistrate (CMM), Patiala House Court on which production warrants were issued on November 2 and November 12 , it said. At the outset, Additional Solicitor General Madhavi Divan said that in its August 26 order, the court had stipulated that video conferencing facility from the jails Arthur Road and Taloja, would be made available to the accused of attending judicial proceedings, and hence, a clarification is necessary to permit the ED to apply for production of accused.
She had said that despite two production warrants issued by the CMM court, the Mumbai jail authorities are not producing them on the ground that the top court had asked that they be produced through video
conferencing.
