The shifting of alleged conman Sukesh Chandrashekhar from Tihar Jail was opposed by the Enforcement Directorate on Tuesday.
The agency said that the conman should be prosecuted for perjury for making false allegations against department for torture and assault in jail.
Enforcement Directorate was represented by Solicitor General Tushar Mehta, who submitted before a vacation bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia that even in jail, he continued his illegal activities in collusion with prison officials.
The SGI said, “Sukesh impersonated the Law Secretary, Home Secretary and even made calls to judges.” The details of this are mentioned in the latest affidavit filed by the ED.
The bench agreed that observations by the vacation bench were appropriate in the sense that both Sukesh and his wife Leena Paulose 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.
SGI Tushar Mehta said that while the order was passed on June 17, ED was not a party in the case and now the agency has filed an application seeking impleadment.
The SG said ED is willing to get the matter placed before the judges who were members in the previous bench.
Advocate R Basant, who appeared for Sukesh and his wife Leena, submitted that jail officials were demanding bribes for not torturing them.
The lawyer added that the June 17 order was passed after hearing the Union Government.
The allegations of torture were refuted by the SG, who further added 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.”
Tushar Mehta said action has been taken against the erring officials and currently they have been arrested or terminated. “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
Sukesh Chandrashekhar and his wife Leena Paulose are currently lodged in New Delhi’s Tihar Jail in cases related to cheating and extortion.
The couple approached the Supreme Court by way of a writ petition seeking transfer to any other jail voicing apprehensions of threat to their lives.