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The Supreme Court on Tuesday dismissed a petition filed by alleged conman Sukesh Chandrasekhar seeking a transfer from Mandoli Jail in Delhi to any other prison, excluding those in Punjab and Delhi, deeming it an abuse of the legal process.
A bench comprising Justices Bela M. Trivedi and P. B. Varale observed that Chandrasekhar had previously filed similar petitions, all of which had been rejected by the apex court.
The bench remarked that his grievance was directed at the Delhi government, and with the recent change in administration, the issue no longer held merit.
“You have the financial means to persistently pursue legal avenues, but this constitutes an abuse of the process of law. How can you continue to file the same petition repeatedly?” the bench remarked.
The court further stated, “We decline to entertain the petition under Article 32 of the Constitution. While we refrain from commenting on the merits of the case, we must note that the petitioner has sought to misuse judicial proceedings by filing successive writ petitions under the guise of changing circumstances.”
Senior Advocate Shoeb Alam, representing Chandrasekhar, contended that his client had a fundamental right under Article 21 of the Constitution to be detained in proximity to his family. He requested that Chandrasekhar be transferred to a jail in Karnataka or a nearby state.
However, the bench emphasized broader societal concerns, asserting, “We are also responsible for ensuring public safety. Your fundamental rights cannot be enforced at the expense of others. Consider the gravity of the allegations you have made against government officials.”
Previously, the Supreme Court had sought a response from the Delhi government regarding Chandrasekhar’s claims. He alleged that he was placed under surveillance with two cameras to coerce him into withdrawing his complaints.
His counsel pointed out that Delhi Lieutenant Governor V. K. Saxena had recommended a CBI investigation into former minister Satyendra Jain based on Chandrasekhar’s allegations. “Send me anywhere in the country except Punjab and Delhi, where the Aam Aadmi Party does not hold power,” Chandrasekhar submitted.
Last year, the Supreme Court dismissed a similar plea by Chandrasekhar and his wife requesting a transfer from Mandoli Jail, citing security concerns. The court held that his petition was without substance and provided no justification for intervention.
Chandrasekhar has accused Jain of extorting Rs 10 crore in “protection money” and claimed he contributed Rs 50 crore to the Aam Aadmi Party. Previously, he had been transferred from Tihar Jail to Mandoli Jail following allegations of threats to his life.
Both Chandrasekhar and his wife remain incarcerated on charges of money laundering and defrauding multiple individuals.
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