The Supreme Court on Tuesday directed for shifting of alleged conman Sukesh Chandrashekhar and his wife Leena Paulose from Tihar Jail to Mandoli jail in a week.
Considering Sukesh’s plea wherein he had sought for transfer to any jail outside Delhi on grounds of threat to his life, the bench of Justices SR Bhat and Sudhanshu Dhulia also orally observed that it couldn’t grant a prisoner right to choose jail.
“How can a prisoner have a right to choose jail? We can’t allow that to happen,” the bench orally observed.
The Court also said that it was for the authorities to take action in relation to the grave allegations levelled by Sukesh against the officials.
“Having considered the materials on the record and also having regard to the order on June 17, 2022 this Court is of the opinion that in terms of the statement made by the respondent on June 23, 2022, the petitioners should be shifted to Mandoli jail. It is accordingly ordered. The petitioner shall be transferred within a week” the bench said in the order.
At the outset, ASG SV Raju submitted that Sukesh’s request of shifting him to any jail outside Delhi could not be granted since it was for an oblique purpose. He further added he had sought for his transfer since the suspension of jail officials along with him allegedly running an extortion racket had made it difficult for him to run the extortion racket from inside the prison.
“Extortion racket from inside the prison, bribe the jail, get telephones and the numbers. Now several jail officials have been suspended and it has become difficult for him to operate so he wants to shift to another jail. He used to run a racket from inside the prison,” Raju said.
Referring to the order dated June 23 wherein ED had informed that it proposed to shift the couple to Mandoli jail, Justice Bhat while stressing on the fact that there were so many jails in Delhi asked ASG as to why ED couldn't allow Sukesh and his wife to be shifted. The judge further asked as to whether ED had registered FIR’s against the officials who allegedly aided Sukesh.
“Our problem is that his extortion racket will then start from there and his crime syndicate will operate. Now he wants to go to another jail so that he can start the racket there,” Raju said. ASG further told the bench that FIRs were registered against the officials and that he could be shifted to Mandoli jail.
Clarifying that the couple had not approached the Court for seeking bail or quashing the proceedings, Senior Advocate R Basant submitted that Sukesh and his wife had grievance against the “high ranking officials” who were extorting money from them for their safety.
“I've not come here to seek bail or quash the proceedings. This jail they’re treating me very unfairly. My grievance is against the high ranking officials and please shift me from one jail to another jail because we are being extorted,” Senior Advocate said. Basant also objected to the ED’s proposal of shifting the couple to Mandoli jail.
“Will it be fair to shift the person to other jail where the same set of officials were involved in managing day to day affairs and I have specifically complained against them. I don’t want to go to Mandoli jail,” Basant said.
Accepting ED’s proposal to shift Sukesh to Mandoli jail, Justice Bhat said, “There are 15 jails, we can shift you there. We are not going to be fetters of the previous order. That was not a binding order as new revelations have come to courts notice. We don’t have so much time for one matter.”