Supreme Court Directs To Shift Alleged Conman Sukesh Chandrashekhar & Wife To Mandoli Jail From Tihar Jail

The direction was passed by Justices S Ravindra Bhat and Sudhanshu Dhulia while considering a writ petition filed by Sukesh Chandrashekhar and his wife Leena Paulose seeking their transfer from Tihar Jail to a prison outside Delhi owing to safety reasons.

"Having considered these material on record and in regard with 17 June order, this Court is of the opinion that in terms of the Statement by the ED on 23rd June, we are of the view that the petitioner be shifted to Mandoli. It is accordingly ordered. The Petitioner shall be transferred within a week."

The order further noted that that the Respondents had taken action against various jail officials for colluding and helping Sukesh.

"Whether the action against officials bears out against the petitioner or otherwise is not for this Court to ascertain but for the authorities", the court observed, in the order.

Senior Advocate R Basant, appearing for the petitioner expressed his objection to shifting Sukesh to Mandoli jail. He had sought for transfer outside Delhi, citing life threats within Tihar. 

"Will it be fair to shift to a place under control of same administration?", Basant asked.

The court did not consider this submission.

During the hearing, the court questioned the Basant whether he had filed an affidavit disclosing the names of those persons who paid money on his behalf, and to whom the said money had been paid.

Last month, the top court had asked Sukesh Chandrashekhar to divulge the details of the payments made by him to the officials of Tihar Jail, specifying the names of the persons who made by the payments on his behalf and to whom such payments were made.

"Have you filed an affidavit... To whom you gave money, who paid money on your behalf?", the Bench asked.

"They admit that money has been taken", Basant replied.

Additional Solicitor General SV Raju appearing for the Enforcement Directorate told the Court that Sukesh was calling people posing as law minister, judges etc. for securing bail donation etc.

"Already 105 people have been proceeded against", the ASG added.

When the Court expressed its view to transfer him to Mandoli jail, ASG Raju said,

"I have reservations but since the court is inclined…."

He further told the Court that Sukesh is loaded with cash and that there's no real threat against him.

"He wants certain articles to be published before hearing takes place. He's loaded with cash."

Hearing this, the court said,

"This is a petition seeking transfer. You have said why he shouldn't be transferred. We will ask what's it's right to be shifted."

Basant had argued that jail authorities are extorting money from him on monthly basis for his security.

The Court asked Basant, "You've extorted. Somebody else is extorting. The point in what is your right? If will be entertaining this plea, everyone will come. There are 5 lakh prisoners in this country"

When Basant relied on the order from June 18 passed by the Vacation bench which observed that it would be appropriate to transfer alleged Chandrashekhar and his wife from Tihar Jail to allay the apprehensions raised by them regarding danger to life from jail officials.

However, the bench replied by saying that the said order was a tentative one and therefore, not binding.

"That was a tentative order. Not binding. The material they brought was not available then.... With all due respect, Mr. Basant, you should stop. We've heard you..."

With these observations, the court disposed of the plea.

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

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