"State Can't Discriminate Adversely": Delhi Court On Head-Phone Facility Being Given To Only One Prison Inmate For Attending Judicial Proceedings

While an accused was observing proceedings in a PMLA case using a headphone, a Delhi Court questioned the conduct of jail authorities for not providing similar facilities and privileges to other inmates who are attending court proceedings via video conferencing.

The development came when Raj Singh Gehlot, owner of the Gurugram-based Ambience Mall, was attending the proceedings in connection with a money laundering case against him for allegedly siphoning off the loan amount and diverting funds in pursuance of a criminal conspiracy.

Observing that the State cannot afford to 'adversely discriminate' other prison inmates, Additional Sessions Judge Dharmender Rana said:

"The facility of the head phones provided to the inmates by the jail authorities, to witness the court proceedings, is a very welcome initiative. However, unfortunately, for the reasons best known to jail authorities, I have not seen the jail authorities extending the same privilege to the other inmates attending the court proceedings through video conferencing."

The Court was of the view that other inmates are equally entitled to effectively participate in the court proceedings using a similar head phone as provided to Gehlot. 

"Accordingly, worthy DG, Prisons is requested to look into the matter and apprise this court as to why similar facility is not being provided to the other inmates who are attending the court proceedings through VC," the Court ordered.

Earlier this month, the judge had denied bail to Gehlot after observing that mere indolence on the part of bank authorities will not absolve Gehlot of his misdeeds.

A loan was allegedly sanctioned to M/s AHPL by a consortium of banks led by J&K Bank, Ansal Plaza, Delhi for construction of a hotel. Gehlot was accused of siphoning off the money in connivance of bank officials through a web of shell companies and his associates.

It was therefore alleged that Gehlot entered into a criminal conspiracy with other accused persons to fraudulently siphon off the loan amount by diverting the funds for other purposes such as to settle the loan of other group companies and making Fixed Deposit as well as diversion of materials to other projects of the Ambience Group. 

Taking note of the fact that Gehlot is a qualified Chartered Accountant, the Court rejected the bail plea after observing that he may influence the fair course of investigation as the crucial witnesses in the instant case were his acquaintances or relatives and also due to the fact of him being an influential person owing to his professional expertise.

Gehlot is presently under judicial custody. He was sent to Enforcement Directorate's remand till August 7 after his previous remand custody ended on August 5.

Case Title: Directorate of Enforcement v. Raj Singh Gehlot

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