SC allows ED to rely on forensic auditors' report for filing chargesheet against Unitech's ex-promoters

Feb 10, 2022

New Delhi [India], February 10 : The Supreme Court on Thursday allowed the Enforcement Directorate to rely on the court-appointed forensic auditors' report in its chargesheet which is to be filed against Unitech's former promoters Sanjay Chandra, Ajay Chandra and others.
A bench of Justices DY Chandrachud and MR Shah granted the permission to ED to rely on the Grant Thornton report after the investigating agency told the apex court that it will file chargesheet next week in a money laundering case against them.
Forensic and Investigation Service of M/s Grant Thornton India conducted a forensic audit by the order of the top court in 2018 on Unitech Ltd and its sister companies and subsidiaries.
The forensic auditors had submitted their report which said that Unitech Ltd received around Rs 14,270 crore from 29,800 home buyers from 2006-2014 and around Rs 1,805 crore from six financial institutions for the construction of 74 projects.
Additional Solicitor General Madhavi Divan, appearing for the ED, said the report will make the case stronger against the Chandras.
She submitted that the agency is going to file the chargesheet next week in the money laundering case.
The top court also allowed Unitech's founder Ramesh Chandra to approach the special PMLA court at Patiala House Court in Delhi to seek bail in a recent case lodged against him by the ED. It further allowed Sanjay and Ajay Chandra, currently lodged in Mumbai jails, to have video conference meetings once every fortnight and said that their family members can talk to them as per the jail manual.
On October 6, the apex court had directed suspension of Tihar Jail officials, registration of case against them and full-fledged probe into their collusion with Chandra brothers, based on Delhi Police Commissioner Rakesh Asthana's report.
On August 26 last year, the top court had directed that the Chandra brothers be shifted from Tihar Jail in Delhi to Mumbai's Arthur Road Jail and Taloja prison in Maharashtra after the ED had said that they were conducting business from the premises in connivance with the staff.
The apex court had directed the Delhi Police Commissioner to personally hold inquiry forthwith about the conduct of the Tihar Jail staff with regard to the Chandras and submit the report to the court.
Chandra brothers, who are in jail since August 2017, are accused of allegedly siphoning home buyers' money.
Earlier, the apex court had said that there was an urgent need for prison reforms and enhanced prison management while observing that it is a "sorry state of affairs in Tihar Jail" which has become a den of criminals.
The apex court was hearing case relating to the connivance of prison officials with the realty firm Unitech's imprisoned ex-promoters Sanjay and Ajay Chandra.
The Delhi Police had told the top court that it has registered an FIR under various sections of the Prevention of Corruption Act and IPC against 37 persons with regard to collusion with Chandra brothers.