ED tells Supreme Court Unitech promoters operating from inside Tihar jail; Court orders them to be shifted to Mumbai

The Supreme Court on Thursday came down upon the Superintendent of the Tihar jail for allegedly colluding with Unitech promoters, Sanjay Chandra and Ajay Chandra who have been lodged in Tihar jail after they were arrested on charges of cheating and duping homebuyers.

This was after Enforcement Directorate (ED) told the Court that two the Unitech promoters were found operating from inside the Tihar jail and were carrying out various transactions from there.

"The letter (from ED to Delhi Police Commissioner) contains details of the manner in which the premises of Tihar Central Jail have been misused by the accused for: (i) Engaging in illegal activities by flouting the jail manual; (ii) Making transfers of assets and dissipating the proceeds of crime; (iii) Influencing witnesses and attempting to derail the investigation," the Court noted in its order.

These activities undermine the authority of the Court and will derail the investigation which has been ordered by the Directorate of Enforcement, the Bench said.

The Bench of Justices DY Chandrachud and MR Shah proceeded to orally remark that it was "shameless" for authorities to facilitate the same for accused and directed that the Chandra brothers be shifted out of Tihar jail to Mumbai.

The Court, therefore, directed that the two brothers be lodged separately, Sanjay Chandra in Arthur Road jail and Ajay Chandra in Taloja jail.

The Court also directed that the Commissioner of Police must make an immediate enquiry into the contents of the communication dated August 16, 2021 addressed to him by the ED so that all the officers and staff of Tihar Central Jail who were complicit in the violation of law are held accountable.

Chandra was arrested by the Economic Offices Wing of the Delhi police in March 2017.

This came pursuant to a First Information Report (FIR) registered against Chandra after a July 2015 order by Patiala house court in Delhi.

The FIR was lodged based on a complaint by a homebuyer in relation to the Anthea project in Gurugram. Subsequently, more such complaints were received against the Unitech with respect to Anthea project.

The homebuyers had approached the police after flats were not handed over to them within the stipulated deadline despite having paid money to the company.

Investigating authorities have maintained that the prima facie probe indicated that money realised from the flat purchasers has been siphoned off.

[Read Order]