SC allows ED to rely on forensic auditors' report for charge sheet against Unitech ex-promoters

New Delhi: The Supreme Court Thursday granted permission to the Enforcement Directorate to rely on the report of court-appointed forensic auditors in its charge sheet to be filed against Unitech's former promoters Sanjay Chandra, Ajay Chandra and others. A bench of Justices D Y Chandrachud and M R Shah gave permission to the ED to rely on the Grant Thornton report with the probe agency saying it will make the case stronger against the Chandras. It ordered, Since ED has stated that it is filing a prosecution complaint under the PMLA, it is clarified that the order dated October 6, 2021, shall not preclude the ED from annexing the report to the prosecution complaint and to rely upon the document. "With the above clarification, permission is granted to the ED to file the report of the forensic auditors, Grant Thornton with the prosecution complaint to be filed before the special court for offences punishable under the Prevention of Money Laundering Act (PMLA). The IA is accordingly disposed of." At the outset, Additional Solicitor General Madhavi Divan, appearing for the ED, submitted that the agency is going to file the charge sheet next week in the money laundering case lodged against the Chandras.

This court has on October 6, 2021 refused to share the forensic auditors report with Chandra brothers and since now ED wants to rely upon the report, the agency is seeking court's permission and modification of the order, Divan said.

The top court said, The Interlocutory Application (IA) has been moved by the Directorate of Enforcement (ED). The ED has stated that it would be filing a supplementary prosecution complaint before the special court under the Prevention of Money Laundering Act, 2002, against the accused persons and for that purpose, it needs to annex the report of forensic auditors, Grant Thornton to the prosecution complaint.