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Delhi Court rejects bail plea of former Mumbai Police Chief Sanjay Pandey

The bail plea of former Mumbai police chief Sanjay Pandey was rejected by a Delhi court on Thursday.

The police Chief was arrested in a money laundering case which was registered by the Enforcement at Directorate (ED) alleging his involvement in illegal tapping of phones of employees at the National Stock Exchange (NSE). 

The bail plea was dismissed by the Special judge Sunena Sharma . A detailed order is likely to follow soon.

The Chief Sanjay Pandey was represented by Advocate Tanveer Ahmed Mir who had contended that Pandey was in fact a whistleblower at the NSE . He further said that police chief was carrying out services to bring to fore “IPL betting, system operation breach, excess control breach” etc.

The Advocate also submitted that the offences under the Information Technology Act and the Indian Telegraph Act were not made out in this case. He had also said that amount of ₹4.74 crore cited by ED as proceeds of crime was not a result of multi-layered transactions or routing through different sources.

It was also brought to the notice of Court that call recording was a regular practice among public companies, including banks, citing Securities and Exchange Board of India (SEBI) circular to this effect and this was not an offence in the present case.

The Enforcement Directorate was represented by Additional Solicitor General (ASG) SV Raju and Special Public Prosecutor N K Matta, who opposed the bail on pretext of Pandey being an influential person.

The ASG said that the case is that of a criminal breach of trust and criminal conspiracy.ASG further argued on call recording being permitted by the NSE,  He said that there was an element of consent whenever a company decides to record calls.

“Recording happening by companies where it is said ‘call is being recorded for training and quality purposes’,” he illustrated.

The former Mumbai Police police chief Sanjay Pandey Delhi High Court has been granted bail to former Mumbai police chief Sanjay Pandey in a money laundering case registered by the Enforcement Directorate (ED) in relation to illegal tapping of phones of employees at the National Stock Exchange (NSE).

Single-judge Justice Jasmeet Singh passed the order. 

Pandey was earlier denied bail by a special court in August. 

Pandey is facing ED and Central Bureau of Investigation (CBI) FIRs alleging illegal tapping of phones of NSE employees by iSec Services Private Ltd, a company he founded, and violation of SEBI guidelines in conducting NSE’s system audit.

It is alleged that illegal tapping of MTNL phones was contrary to the Telegraph Act. For this purpose, ₹4.54 crore was paid which becomes proceeds of crime, it was contended.

Senior Advocate Akhil Sibal and advocates Aditya Wadhwa, Siddharth Sunil, Shivansh Agarwal, Pranay Mohan, Sanya Kumar and Ranbir Singh appeared for Pandey. 

ED was represented through Additional Solicitor General SV Raju and advocates Zoheb Hossain, Vivek Gurnani and Ankit Bhatia.

The Court on Tuesday had remanded him to judicial custody till August 16.

It is alleged that illegal tapping of MTNL phones was contrary to the Telegraph Act. It was contened that for this purpose, ₹4.54 crore was paid which becomes proceeds of crime.

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