New Delhi, Dec 1 The Supreme Court on Wednesday made it crystal clear that it intends to see action taken and not merely an affidavit by Ministry of Home Affairs (MHA) on recommendations submitted by Delhi Police Commissioner Rakesh Asthana in a report on prison reforms, after it was found some Tihar jail officials were extending undue assistance to ex-Unitech promoters Sanjay Chandra and Ajay Chandra.
Additional Solicitor General Madhavi Divan, appearing for the Enforcement Directorate, submitted before the top court that the ministry's instructions have been received and it will take at least two weeks to prepare a comprehensive response, and then an affidavit can be brought on record before the court.
To this, a bench comprising Justices D.Y. Chandrachud and M.R. Shah said: "We want action. Don't want affidavit."
Justice Chandrachud said: "We want to know what action MHA has taken based on suggestions (shared by Delhi CP). He recommended CCTVs, scanners, jammers... what is the action taken by MHA."
As Divan sought two weeks to file a comprehensive affidavit on steps taken based on the Delhi Police chief's suggestions, the court, after a brief hearing in the matter, agreed to grant some time and posted the matter for further next week.
On November 10, the Supreme Court expressed its dissatisfaction over the delay by the MHA in taking action on recommendations submitted by Asthana in a report on prison reforms.
The top court told Additional Solicitor General K.M. Nataraj: "When will MHA take action... need immediate reforms - jammers and body scanners - to ensure no unauthorised use of mobile phones takes place (on the Tihar jail premises)."
Nataraj, appearing for Delhi Police, submitted before the bench that an FIR was registered on October 12, and there are a total 37 accused, which includes 32 jail officials, Chandra family members and two staff.
The bench emphasised that necessary steps need to be taken immediately, and an action plan should be made and submitted to it, and this process should not be delayed any further. Against the backdrop of its previous order, the bench reiterated that no steps have been proposed, despite multiple recommendations by Delhi Police chief.
On October 6, after a stormy hearing, the Supreme Court had ordered immediate suspension and a full-fledged probe against Tihar Jail officials, who were identified by the Delhi Police Commissioner in a report for extending undue assistance to ex-Unitech promoters Sanjay Chandra and Ajay Chandra.
On August 26, the top court ordered shifting of Chandra brothers to jails in Mumbai following a report by the Enforcement Directorate claiming it has found a "secret underground office", which was being operated by their father and Unitech founder Ramesh Chandra, and both his sons Sanjay and Ajay visited the office, when on parole or bail.
The agency had alleged that it was done in collusion with the Tihar Jail authorities.
A furious top court had observed that attempts were made by the brothers to undermine its jurisdiction.
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