ED Opposes Shifting Of Sukesh Chandrashekhar From Tihar Jail; Seeks Perjury Action Against Him

The Enforcement Directorate on Tuesday opposed the shifting of alleged conman Sukesh Chandrashekhar from Tihar Jail and said that he should be prosecuted for perjury for making false allegations of torture and assault in jail.

Solicitor General of India Tushar Mehta, appearing for the ED, submitted before a vacation bench comprising Justices CT Ravikumar and Sudhanshu Dhulia that even in jail, he continued his illegal activities in collusion with prison officials.

"He impersonated the Law Secretary, Home Secretary and even made calls to judges", the SG submitted, adding that all details are mentioned in the latest affidavit filed by the ED.

However, the bench observed that the vacation bench of the last week has already passed an order that it is appropriate that both Sukesh and his wife Leena Paulouse should be shifted from Tihar jail to allay the apprehensions of danger to life.

"Our difficulty is that, the previous bench has already passed an order on June 17. There's a specific finding. So long as it's there, how can we give a different view?", Justice Ravikumar said.

The SG replied that the order of June 17 was passed when ED was not a party in the case and now the agency has filed an application seeking impleadment. The SG suggested that the matter could be placed before a bench consisting of any of the judges who were members in the previous bench (which passed the June 17 order).

Senior Advocate R Basant, appearing for the Sukesh and his wife Leena, submitted that the jail officials were demanding bribes from them for not torturing them. "Jail officials were in fact extorting money from us for not committing torture", Basant submitted. The senior counsel added that the June 17 order was passed after hearing the Union Government.

Refuting the allegations of torture, the SG said that Sukesh was bringing "models" in jail with the help of officials.

"There were some models who visited him surreptitiously in jail with help from the authorities. He was paying money to our officials and we've arrested them", the SG submitted.

Responding to a query by the bench, the SG said that action has been taken against the erring officials and that they have been either arrested or terminated from service.

The bench noted that the order dated June 17 of the previous bench recorded that it was passed  without considering the rival contentions on merits. 

"We will take up the matter in the afternoon. Meanwhile the registry can see if it can be placed before one of the same judges. It is clear that the judges have not heard the rival contentions", Justice Ravikumar said.

When the matter was taken afternoon, the bench adjourned the hearing till day after tomorrow.

Sukesh Chandrashekhar and Leena Paulose, who are currently lodged in New Delhi's Tihar Jail in cases related to cheating and extortion, have approached the Supreme Court by way of a writ petition seeking transfer to any other jail voicing apprehensions of life threat.

The Director General (Prisons), Delhi has filed an affidavit stating that the conduct of Sukesh Chandrashekhar in jail was unsatisfactory and he was found deliberately violating the prison rules.

The Director General has also denied his allegations that he was assaulted within the jail and that the medical examination conducted by the Deen Dayal Upadhyay Hospital on May 17 did not report any external injuries on him.

The Director General asserted that he is in safe and secure custody in the Delhi jail with a round the clock CCTV surveillance. His wife is also kept in the same prison at the women section and there is no life threat to them, the affidavit stated.

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