Appropriate To Shift Sukash Chandrashekhar & Wife From Tihar Jail To Allay Apprehensions Of Life Threat : Supreme Court

Adjourning the case for Monday, a vacation bench of Justice AS Bopanna and Vikram Nath in the order said,

"In the facts and circumstances, without entering into the rival contentions, it would be appropriate to transfer the Petitioners to some other jail so to allay the apprehension of all concerned. As requested, list on 20.06.2022 to enable the respondents to take a decision on the appropriate jail to which the petitioners can be transferred."

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

On May 13, 2022 the Top Court, while refusing to pass any interim directions, had recorded the assurance of Additional Solicitor General SV Raju that the petitioners' safety shall be taken care of.

Appearing for Sukesh Chandrashekhar, Senior Advocate Meenakshi Arora in the hearing yesterday, submitted that Sukesh was apprehending risk to his life due to him being lodged in Tihar Jail.

She further stated that since many jail officials have been arrested for taking bribes as protection money, and are under investigation, Chandrashekhar would be targeted by the officials.

"Here the matter which was listed before vacation and it's coming up now. He has been in custody not asking for any bail, because of certain instances that took place while I was in custody. Investigation has been carried out on a large number of officers at the jail, it has been admitted that money has been received by those officers. When action is taken against the officers, my condition has become difficult and I have been threatened. Statement of ASG that i'll be given protection. When I came back from the hospital my hand was twisted and they said that we're not scared of the orders of the court," Senior Advocate Meenakshi Arora submitted.

Requesting the bench to transfer him to a jail in Bangalore, she further said, "Can be transferred if my lords so accept to Bangalore because I have an aged mother and my father is no more so she can visit me. I am not saying prison A B or C, I can even be sent to Andaman and Nicobar. It's on that ground that I'm saying please transfer me to any jail. I have risk to my life if I'm kept in Tihar."

"Whether the case is projected by them is true, we'll have to examine and we'll submit a report to the court," ASG KM Nataraj for the Union submitted.

ASG further said, "We have to consider a suitable jail keeping in mind the security. We'll weigh the options and give on Monday a list of prisons where he could be lodged."

Considering the submissions made by the counsel(s), the bench at this juncture adjourned the matter for June 20, 2022 while granting time to the Union to consider the appropriate jail where he could be transferred.

"Dehors all the allegations and keeping in view the safety of the inmate of the jail we can always say let him be placed in some other jail. With some other jail or state, we can think of. You take a decision. We'll adjourn it by saying that to consider the appropriate jail to where he could be transferred," the bench told ASG KM Nataraj.

Case Title: Sukash Chandra Shekhar @ Sukesh & Anr. Versus Union Of India & Anr.| WP (Crl) 129 of 2022

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