‘Asked Ticket, Received No Response From Cong, UBT’: Ex-Mumbai Police Chief Sanjay Pandey Opens Up About Poll Aspirations, Money Laundering Case & Jail Time

Sanjay Pandey, the retired 1986-batch IPS officer, is a well-known figure among Mumbaikars. With a career spanning over three decades, Pandey served in various roles within the Maharashtra police force. He gained recognition for his remarkable work during the infamous 1992 Bombay riots, earning praise from Amnesty International for his impartiality. Additionally, Pandey received accolades for his handling of high-profile cases, including the cobbler scam during his tenure with the Economic Offences Wing (EOW).

Climbing through the ranks, Pandey reached the position of Maharashtra DGP in 2021 and later served as Mumbai Police commissioner. However, following his retirement in 2022, Pandey faced arrest by the Enforcement Directorate (ED) in connection with a money laundering case linked to the alleged illegal phone tapping of NSE employees from 2009 to 2017. He was booked by both the ED and the CBI in this case.

After spending five months in jail, Pandey was granted bail by the Delhi High Court, a decision later upheld by the Supreme Court.

Following a period of relative quiet after his release, the former IPS officer reemerged in the public eye. Initially expressing a desire to contest the Mumbai North Central seat in the elections, he later withdrew his plan.

Lokmattimes.com recently spoke with Sanjay Pandey to delve into his electoral aspirations, subsequent withdrawal, the ED case, his time in jail, and his views on the ED and the Prevention of Money Laundering Act (PMLA). Here’s a snippet of the conversation.

Q: You expressed interest in contesting the election from the Mumbai North Central seat, but later cancelled the plan. What happened in between? 

A: When I expressed the desire, no candidates had been announced by parties. It wasn't me who announced it, but a resident of Vakola who texted me on WhatsApp, suggesting I should contest. That’s how it started. However, some of my well-wishers advised me to contest from a recognised party. So I reached out to some parties, but none responded positively. People told me it would be futile to contest as an independent, as voters mostly follow party lines. So I dropped the plan.

Q: Which parties did you contact for a ticket?

A: I contacted the Maha Vikas Aghadi (MVA) parties, including Shiv Sena (UBT) and Congress. But I received ‘zero response’ (chuckles). Even after their candidates were declared, their supporters, some even educated ones, told me that I was ‘spoiling their party’. They said they respected me, but ‘please don’t spoil our party’ (the winning prospects of our candidate).

I am very familiar with this area. I was a DCP of this area during the 1992 riots. I stood between the fire from both sides. But that’s immaterial now. They are saying it's all about parties and not candidates. That’s why I referred to voters as being a herd of sheep controlled by the shepherds (political parties).

Q: You wrote a letter to voters of the constituency saying you will not contest. Interestingly, you signed it off as ‘Tihar Return, PMLA Accused’. Do the money laundering accusations and subsequent jail still hurt?

A: Being accused of PMLA and spending time in Tihar is not a joyous experience for anybody. It hurts all the time. So I thought let people know. Instead of anybody else calling me a ‘Tihar return’ guy, I called it myself.

Q: How was your experience in jail?

A: It’s a bad experience, a sad experience. But having gone there, I feel many IPS officers should understand how a person feels when put behind bars, when his liberties are curtailed. This is a basic thing, even I, as an IPS officer, was not aware of it. Secondly, the entire process of arresting someone in one place for something done elsewhere is absurd. In my case, when bail was granted, I was asked for four sureties, two each in both ED and CBI cases, which were essentially one case. I had no relatives to get me bail. My associates from IIT-Kanpur, who I had not contacted in around 40 years, came forward. All my three bailers, except my wife, are from IIT-Kanpur. This should change.

Q: Delhi HC, while granting you bail, observed that ‘nothing had been produced to demonstrate that you employed any corrupt or illegal means’ and ‘there was no offence under section 13(1)(d) PC Act’. Do you think there was a conspiracy to put you behind bars? Had you ruffled the feathers of some powerful people?

A: We’ve heard stories of prehistoric kingdoms where anyone who looked the king in the eye would be punished. This is modern India. Yes, obviously, I think people in power thought they could use whatever means against me. That’s all I can say.

Q: What are your views on the functioning of the Enforcement Directorate (ED)?

A: In an interview in 2004, I said we are government servants. Whenever there is a powerful government, the servants get underlined. Whenever governments are not powerful, the servants function in their own right. Ultimately, I don’t blame any of them (ED officers). Because the servants will have to obey their masters.

Q: What do you think about the PMLA?

A: PMLA was made from the Vienna Convention to restrict money laundering between countries. But the act has been modified, with several sections changed. Now, even a journalist carrying Rs 2 lakh in his pocket can be termed dubious. This is not money laundering, but it has been happening for a long time. The burden of proof is on the accused. Section 45 of the PMLA says the court has to justify that prima facie there is no offence. And that's too damn difficult for any judge to conclude unless the case is completely black and white.

The other issue is, there are scheduled offences. So if the CBI registers a case under, say, Section 420, that’s also a section of PMLA. So if the CBI or any other agency registers a case under scheduled offences, PMLA can take over that case. How do you differentiate between two different 420 cases? How do you choose? This is subjective. Why is the ED selective in taking up one 420 case and neglecting another? As Mumbai commissioner, I used to register many 420 cases a day, but they had nothing to do with PMLA. So there’s this selective approach as well.

Thirdly, as in my case, the CBI files a case pertaining to one offence, and then the ED comes in and files a case over the same offence. So there are two cases with two different agencies for one offence. If you are found guilty and convicted, the sentence of conviction is also twice the magnitude. Generally, the judges are also the same for both the CBI and ED. That’s a double whammy!

Q: You are considering a plunge into politics now. Do you think you'll fit in well in that arena?

A: I have never lost, whether in UPSC or as a government servant. I will certainly succeed in this endeavor too.