Thread by @barandbench

#SupremeCourt to shortly hear plea by conman Sukash Chandrashekhar seeking to be shifted out of Tihar Jail on account of allegedly being threatened and extorted

#Tihar #conman #jail

Chandrashekhar was believed to have been leading a lavish life inside Tihar jail where he has been lodged after being arrested for cheating and extortion besides money-laundering charges.

#SupremeCourt

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Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Sudhanshu Dhulia hearing matter.

Counsel for Sukash had earlier said even a jail in Port Blair would do not in and around Delhi.

#SupremeCourt

Sr Adv R Basant: I need not go into facts. Jail authorities have been intimidating me and my wife. Matter came up thrice during vacations. Money being extorted from me, but saying I've bribed they're denying this.

Bench discusses.

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Basant: I'm required in many cases across country so i had sought transfer to Bengaluru. I know Petitioner has no right to choose i know but my aging mother stays there.

Please look at the earlier orders.

Basant: Anywhere out of Delhi, please take me out from Delhi jails! don't compel me to continue being subject to allegations.

Bench: What allegations?

Basant: of paying 2 cr bribe.

Bench: How did you make the payments?
Basant: Through a person i was allowed to meet.

Bench: Is this permissible?
Basant asks them to go through reply do Delhi NCT.

Justice Ravindra Bhat points to how CCTV of Sukash's cell was covered.

Basant: Let me explain.

Justice Lalit: At this juncture we're not into any fact-finding analysis. Only looking at if you're being threatened and to test reliability of your allegations.

Justice Bhat: He was using a mobile also.

Basant: It should not have happened, but we're admitting.

Justice Lalit: When did you first raise objections?

Basant: WP filed on ...
Bench: That was then or after? Why didn't you object or raise issue earlier?

Basant: Person assaulted, threats to life cannot ...

Bench: How many meets did you have with outsiders?

Basant: Not aware.

Bench: What kind of cases against you?

Basant: Cheating, forgery.

ASG Raju: Even impersonating SC judges and govt officials. He donned people of hundreds of crores from jail, after we caught he now wants to continue this from Chennai. Can't let this be done, now he's using contract labour, we've seized chits and mobiles regarding this.

ASG Raju: My lords may see the cover. He wants no one to even touch him, he's inpersonated judges saying grant bail. He's made arrangements everywhere.

Bench: Give us 2 minutes.

Bench: When did you first raise complaint?

Basant: They did not investigate

Bench: We're not into that ... We want to know when did you complain first?

Basant: 12.5 crore was extorted from me.

Justice Lalit: You obviously didn't have it on your person ... Had to cough it up over a period of time. What were you doing to command those guys of assets?

Basant: Don't have those details. He has several business dealings.

Bench: Exactly we're asking about your earning.

Justice Bhat: This must have been in cash, the 12 crore?

Justice Lalit: Their allegation is you had jail staff on your payroll through which you ran criminal rackets that way punctured and now you're agitating.

Basant: But did you hear of all this until my petition came up?

Bench: That we'll ask Mr Raju when his turn comes how it took 2.5 years to unearth the whole thing and pull the carpet from your feet. We'll certainly ensure physical safety.

Bench: At the same time public officials should not be doing this it be extorted. Who made these payments on your behalf?

Basant: That i can't say ...

Basant: Bench had said he ought to be transferred.

Bench: This is not a review, please don't make such submissions. We'll reject it straightaway. Vacation Bench not regular one that will enter controversy.

Basant: Order is clear
Bench: Who extorted, give names of those u paid

Basant: Can't say the names right now.
Justice Lalit (sternly): Get the names tomorrow! We're not going to shirk away. When will you give the names?
Basant: In a week's time.

Bench: Alright.

Basant: My lord the Allegations are serious.

Justice Lalit: You're right, but we have to get into it as well. Relief can come later, if you're running a complete racket using staff: we'd like to know the names of whom you paid as extortion.

Basant: Not hesitating.

Basant: Just need to ascertain. What I've come here for ...

Justice Lalit: You've ignited the process, very good. Now we'll try and ensure this doesn't happen again, we thank you for igniting.

Order: The present petition filed under Article 32 of the Constitution submits inter alia that the petitioner was subjected to threats and victim of extortion racket run by prison officials.

Order: Asserting that the health and safety of the petitioner is under threat, reliefs are sought.

Affidavit submitted on behalf of ED states that while inside Tihar petitioner was running a crime syndicate, paying Rs 1.5 crores every month for facilities like using phone.

Order: ... mobiles used to pass message to Syndicate. Affidavit States that some jail officials were on his monthly payroll.

Relying on these submissions, R Basant for petitioner submits that it is accepted that jail officials were receiving money from/behalf of petitioner.

Order: It is submitted that during July 2020 to July 2021, amounts were paid by the petitioner and on his behalf, aggregating to about 12 crores. Mr Basant on courts query accepts that major parts of this amount were in cash.

Order: on further query as to who was paid, he expressed inability to name. That there were beneficiaries is clear.
Going by Affidavit in response, petitioner was able to garner support from outsiders tu the extent that Rs 12.5 crore could be paid to public servants.

Order: To conclude whether petitioner was running a syndicate or bribing his way through, it would be key to identify persons who have the payments.
We therefore call on him to submit the names of who paid and to whom the payments were made.
By next date of hearing ...

Order: List the matter on 26th July.

Bench: Was there any protection granted? Mr Raju who is incharge?

ASG: We'll look into his safety.

Order: ASG reiterates his commitment made earlier.

Counsel: Grateful my lords.