In connection with the Unitech case, the Supreme Court has clarified that its direction for video conferencing facility at the Jails where the accused Chandra brothers are housed to be made available so as to enable them to record their presence in the court proceedings where their presence is required, would not come in the way of the Enforcement Directorate in moving the requisite application before the Magistrate for the purpose of seeking their custodial interrogation.
On August 26, the Supreme Court had pulled up the Tihar Jail authorities for acting in connivance with the Chandra brothers in engaging in illegal activities by flouting the jail manual, dissipating proceedings, derailing investigation etc., in the Unitech money laundering case. The bench of Justices D. Y. Chandrachud and M. R. Shah ordered to shift ex-Unitech promoters Sanjay Chandra and Ajay Chandra from Tihar jail to Mumbai's Arthur Road jail and Taloja Jail, to be housed separately. "In the circumstances, we order and direct that both the accused, Sanjay Chandra and Ajay Chandra be shifted from Tihar Central Jail to the premises of Arthur Road Jail, Mumbai and Taloja Central Jail, Mumbai, respectively. The video conferencing facility at the Jails to which the accused are being transferred shall be made available so as to enable them to record their presence in the court proceedings where their presence is required", the bench had further ordered. On Wednesday, the bench of Justices Chandrachud and Shah noted that an IA has been moved by the Assistant Director in the Enforcement Directorate seeking a clarification of the order of this Court of August 26. The Enforcement Directorate has stated that it requires custodial interrogation of the accused persons, Sanjay Chandra and Ajay Chandra. The Enforcement Directorate has moved an application before the Chief Metropolitan Magistrate, Patiala House Courts, on which production warrants were issued on November 2 and November 12.
The bench recorded that ASG Madhavi Diwan submitted that paragraph 8 of the order of August 26 stipulates that the video conferencing facility from the Arthur Road Jail and Taloja Central Jail would be made available and, hence, a clarification is necessary so as to permit the Enforcement Directorate to apply for the production of the accused.
"Having regard to the contents of the IA, which has been filed by the Enforcement Directorate, we clarify that the order dated 26 August 2021 would not come in the way of the Enforcement Directorate in moving the requisite application before the Magistrate for the purpose of seeking custodial interrogation of the accused which shall be decided on its own merits. We also clarify that in the event that custodial interrogation is granted by the Magistrate, the accused shall be transferred back to the Jails to which they were directed to be lodged in terms of the order dated 26 August 2021", the bench has observed.
The bench recorded that Senior Advocate Siddhartha Dave, for the accused, submits that the accused may be permitted to move an application before the Magistrate in order to seek the facility of consulting with the lawyers. "We leave it open to the accused to move an application before the concerned Magistrate. This Court has not expressed any opinion on the maintainability or merits of such an application. The Magistrate would consider the application strictly in accordance with the applicable legal provisions", observed the bench.
