Unitech Case: Supreme Court Allows Preeti Chandra To Approach PMLA Court For Regular Bail After ED's Interrogation Is Over

In a plea filed by former Unitech promoter Sanjay Chandra's wife, Preeti Chandra seeking permission to approach the PMLA Court to seek regular bail, the Supreme Court, on Wednesday, granted her permission to approach the Sessions Court Patiala House (PMLA Court) after the Enforcement Directorate (ED) is done with its interrogation.

On 08.08.2022, the PMLA Court had allowed the application filed by the ED for her interrogation in Tihar Jail on 3 occasions within a period of 40 days.

The Counsel appearing on behalf of the ED apprised a Bench comprising Justices D.Y. Chandrachud and M.R. Shah, that Chandra's interrogation commenced on 10th August, 2022 and the other two days of interrogation could be confirmed only after the first interrogation by ED is over. Accordingly, the Bench permitted Chandra to apply for regular bail, with respect to the concerned ECIR, once she had been interrogated on all the three occasions.

"The applicant is granted permission to move Sessions Court Patiala House PMLA court for seeking regular bail after the interrogation which has been granted by the session's court is concluded. This order shall not be construed to be any direction to the sessions court with regard to any manner in which the application is to be considered."

On the last date of hearing, appearing on behalf of Preeti Chandra, Senior Advocate, Mr. Siddhartha Dave had stated that the apprehension of the ED is with respect to her Dominican Republic passport, which he submitted, is in the custody of the ED. He apprised the Bench that she has no other passport. ASG, Madhavi Divan appearing on behalf of ED had informed the Bench that ED is making efforts to trace the assets of the company which has reached foreign shores. She added that Preeti Chandra is at the helm of the Trikar Group, which has huge assets in the UAE and other countries with whom India does not have extradition treaties. Ms. Dival further stated that on 18th June, 2022 and 20th June, 2022, Chandra was interrogated and some disclosures had been made by her. However, later when Sanjay, Ajay and Ramesh Chandra were interrogated, they contradicted her. In view of the same an application had been filed by the ED before the concerned PMLA Court for further interrogation. This application has now been allowed.

Preeti Chandra was arrested by Enforcement Directorate on 04.10.2021 under the PMLA Act, 2002. The complaint had been filed on 02.12.2021; a supplementary complaint was filed on 18.02.2022. She is named accused in both the complaints. On 25.03.2022 she was granted interim bail for a day to attend the last rites of her grandmother. At present she is lodged in Tihar Jail.

[Case Title: Bhupinder Singh v. Unitech Ltd. C.A. No. 1856/2016]