On Friday(7th June), Former Unitech promoters Sanjay Chandra and Ajay Chandra have been granted bail by a Delhi court in a Prevention of Money Laundering Act (PMLA) case filed by the Enforcement Directorate. The decision, made by Additional Sessions Judge Dheeraj More, considers the extensive 2.5 years the brothers have spent in jail without trial commencement since their arrest in 2017.
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DELHI: On Friday(7th June), Delhi court granted bail to former Unitech promoters Sanjay Chandra and Ajay Chandra in a case registered under the Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate (ED). The bail was granted by Additional Sessions Judge (ASJ) Dheeraj More of the Patiala House Court.
The court’s decision came after considering the extensive period that the Chandra brothers have already spent in jail. They were initially arrested in connection with the predicate offence back in 2017. Since then, they have languished in jail for the past 2.5 years specifically in the PMLA case, despite the trial in this case not yet commencing.
ASJ Dheeraj More, while granting bail, made a crucial observation regarding the duration of their incarceration and the potential length of the trial.
The judge noted-
“They have already served a significant portion of the maximum 7-year punishment applicable to this case.”
The court further elaborated on the complexity and volume of the case, highlighting the overwhelming number of accused individuals and the extensive evidence involved.
“The complaint involves 71 accused individuals, 121 witnesses, and numerous supporting documents. Given the substantial volume of evidence, extensive prosecution witnesses, and a large number of defendants, alongside the fact that the trial has yet to begin after over 2 years,”
-the judge pointed out.
Given the current pace and the enormity of the case, the court expressed concerns about the trial’s duration.
Judge More remarked-
“It’s worth noting that the trial might exceed 7 years, surpassing the maximum penalty for this case.”
The court’s decision to grant bail to Sanjay and Ajay Chandra is seen as a significant relief for the former Unitech promoters. The extensive delay in the trial proceedings and the substantial time already spent in incarceration played a pivotal role in the court’s ruling.
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The case against the Chandra brothers is part of a larger investigation by the ED under the PMLA. The investigation pertains to allegations of financial mismanagement and money laundering linked to the Unitech Group. The prolonged incarceration of the Chandra brothers has been a contentious issue, drawing attention to the slow pace of the judicial process in complex financial crime cases.
The bail order by ASJ Dheeraj More highlights a critical aspect of the Indian judicial system concerning prolonged pre-trial detention, especially in cases involving a large number of accused and extensive documentary evidence. The court’s observation about the trial potentially extending beyond the maximum punishment period underscores the need for judicial reforms to expedite trial processes in such cases.
The court emphasized that the purpose of pre-trial detention can never be punitive.
It stated-
“Pre-trial detention shouldn’t equate to punishment without due process.”
This remark came during the ongoing legal proceedings against Sanjay Chandra and Ajay Chandra, associated with the Unitech group, who are currently under investigation for alleged financial misconduct.
The Chandras were booked by the Economic Offences Wing (EOW) of the Delhi Police following numerous complaints from homebuyers. These complaints alleged that they had been cheated of their money after investing in Unitech flats.
Subsequently, the Enforcement Directorate (ED) registered a money laundering case against the Chandras. The allegations suggested that the funds collected from flat buyers were siphoned off instead of being used for the intended construction projects.
During the hearing, Chandra informed the court that despite being in custody, a significant number of Unitech flats were delivered between 2017 and 2020.
“It was reported that approximately Rs. 850 crores was deposited in the Supreme Court, from which substantial amounts were refunded to homebuyers.”
– he mentioned, highlighting efforts to mitigate the financial damage suffered by the investors.
Representing Sanjay Chandra and Ajay Chandra, a team of advocates including Arshdeep Singh Khurana, Neha Nagpal, Nikunj Mahajan, Vishal Gosain, and Anuroop Chakravarti presented their arguments before the court. They emphasized the Chandras’ cooperation and the steps taken to address the grievances of the homebuyers.
On the other hand, the Enforcement Directorate was represented by Special Public Prosecutors NK Matta and Arun Khatri, along with advocates Aaditya Raj Sharma and Rohit Verma.
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The court’s remarks on the non-punitive nature of pre-trial detention are crucial in this context. It stressed that pre-trial detention should not be used as a form of punishment but rather as a measure to ensure the accused’s presence during the trial and to prevent any tampering with evidence or witnesses.
