The Supreme Court adjourned the writ petition filed by alleged conman Sukesh Chandrashekhar and his wife Leena Paulose, till July 13, 2022. The petition is filled for seeking their transfer from Tihar Jail to a prison outside Delhi.
The vacation bench comprising of Justice Surya Kant and the Justice JB Pardiwala observed and adjourned the matter after noting that the affidavit filled by the petitioners in response to the statement of the Enforcement Directorate is not yet on record. The Counsel appearing for the petitioner, Senior Advocate R Basant requested the bench for a near date but the same was declined by the bench.
It was remarked by Justice Surya Kant said, there is no urgency. When the apprehensions of danger to life in the prison was raised by the Senior Counsel, appearing for the petitioner. An order passed on June 17 by the vacation bench of Justice Bopanna was referred by Justice Kant, the June 17 order stated that Sukesh has to be shifted to Tihar jail.
It was stated by Justice Kant that “After Justice Bopanna’s order, nobody will touch you”.
Earlier, the Enforcement Directorate had proposed that the petitioners can be shifted to Mandoli jail within Delhi itself. However, this proposal was opposed by the petitioners and it was demanded by the petitioners to be shifted out of Delhi.
It was observed that Justice Kant asked Additional Solicitor General SV Raju if Bhondsi jail in Gurugram can be considered as an option, the same was replied by ASG that it is not a valid option.
A writ petition was filed under Article 32 of the Constitution of India by Sukesh, alleging that officials in Tihar are torturing him for not meeting their demands of money. The allegations were opposed by ED and have said that Sukesh was operating his extortion racket from the jail with the connivance of certain officials, against whom action has now been taken.
An affidavit has been filled by the Director General (Prisons). The affidavit stated the conduct of Sukesh Chandrashekhar in jail was unsatisfactory and he was found deliberately violating the prison rules.
The allegations were also denied by the Directorate General that he was assaulted within the jail and that the medical examination conducted by the Deen Dayal Upadhyay Hospital, did not report any external injuries on him on May 17.
In the affidavit it was asserted by the Directorate General that he is in safe and secure custody in the Delhi jail with a round the clock CCTV surveillance, there is no life threat to them and his wife is also kept in the same prison at the women section.