Oct 06, 2021
Justice Chandrachud: Before you make allegations on this court, what is this language? What is this repent later on.
Justice Chandrachud takes his mask off: LISTEN TO ME LISTEN TO ME. Is this the way of addressing the court?
Justice MR Shah: don't pitch your voice and say such things and make allegations on this court..
Justice Chandrachud: we can see that the client has not briefed you well..
Singh: i have taken a lot of briefings
Singh: please ask Grant Thornton if there was any questioning of the Chandras. Please hear me and i don't if at all it will happen and if it happens after doomsday
Justice Shah: there are reasons and reasons to arrest both of them. We cannot disclose them to you at this stage
Justice Shah: we never expected this from Mr Vikas Singh, with all seriousness.
Singh: My clients cannot have a video conference with me
Justice Chandrachud: we have perused the inquiry report dated September 28 submitted by Shri Rakesh Asthana, Delhi police commissioner
Justice Chandrachud: In terms of para 37 of the report, we grant permission for a full fledged criminal investigation against the person mentioned and also against the unknown persons who are not mentioned.
SC: The Police commissioner has stated that a criminal case be registered under sec 7, 8, of PCA ... we direct that officials of Tihar jail who were prima facie found to be complicit will be suspended for the time being till the pendency of proceeding.
SC: We direct Union ministry of home affairs to respond to suggestions contained in para 38 of the inquiry report
SC: An action shall be drawn up for implementing the suggestions made before this court, this will be complied with within a period of 4 weeks.
SC: ASGs have placed before the court the criminal investigation report of SFIO dated July 2021 and the third status report of ED dated September 2021 and Sep 23 status report
SC: The court shall be apprised on or before the next day of updated status report of ED and SFIO. Mr Vikas Singh appearing on behalf of accused submits that report of forensic auditors Grant Thornton be made available to him to enable proper defence
SC: At present from status reports filed it emerges that report by forensic auditors is subject matter of probe by ED. It will not be in accordance of law to provide underlying material which forms subject matter of investigation to accused at this stage
SC: List this case post Diwali vacations
SC: Police commissioner to forward a copy of this report to Union Home Ministry in a sealed cover.
Sr Adv Vikas Singh for Unitech: how long will this ex parte hearing go on? I am the second-largest real estate developer who has built around 5 crore square feet area and over 1 lakh units.
Justice DY Chandrachud: This is not an ex parte hearing. You are not entitled to peruse the case diary..
Sr Adv Vikas Singh: I don't want your lordships to repent later on that you did not take timely action. I am sure the court has nothing personal against the Chandras.
Justice MR Shah: these are just your defences..
Sr Adv Singh: i should have been given the Grant Thornton report. I should have been able to show that there is no diversion of funds
Singh: in trial if it is found that there is no diversion of funds, then can the clock be turned backwards and put time back into my hand. shouldn't the grant thornton report be given to me now itself.