Delhi court grants bail to Sukesh Chandrasekhar in ED case on AIADMK poll symbol

A Delhi Court has granted bail to conman Sukesh Chandrasekhar in a money laundering case initiated by the Directorate of Enforcement (ED) over the 'two leaves' election symbol of All India Anna Dravida Munnetra Kazhagam (AIADMK) party [ED vs. Sukash Chandershekar].

While granting bail, special judge Vikas Gogne observed that the government cannot use the Prevention of Money Laundering Act (PMLA) to curtail liberty of the accused.

“While the offence of money laundering remains grave in nature, a special legislation like PMLA is not a grouse of the State to be exacted upon the liberty of an accused through the court,” the order said.

Pertinently, the special judge underscored that court cannot preach liberty and at the same time side with the State to deny bail citing the "bogey" of special law or economic offence.

"Liberty being the most sacrosanct norm in our constitution, the court cannot preach liberty from its decisions while playing footsie with the State upon the bogey of special legislation or economic offences,” the Court stated.

The allegations against Chandrasekar are that he had co-ordinated with former AIADMK leader TTV Dhinakaran in the generation of proceeds of crime of ₹2 crores and getting it transferred from Chennai to Delhi. 

ED alleged that the money was transferred as part of a conspiracy between Dhinakaran and Chandrasekar to secure a favourable order from  Election Commission of India (ECI) on his political party’s plea for allotment of ‘two leaves’ the election symbol of AIADMK.

Chandersekar submitted that he has undergone detention for a period of four years, which is more than half the maximum period of detention of seven years prescribed under PMLA.

The Court observed that Chandersekar has served excessive detention during trial and is still suffering  prolonged detention without trial.

Noting that speedy trial is improbable at present, the Court stated that it is “unimpressed with the strident opposition” put forth by ED against the bail plea. 

“The court would record a plea of its judicial conscience to state that while liberty may, more often than not, lend itself to absolutism, arguments advocating wanton restraint upon liberty merit no such indulgence.”

Accordingly, the Court granted bail to Chandrasekhar subject to him furnishing a personal and surety bond of ₹5 lakh. 

As part of the bail conditions, he was directed to surrender his passport and has been prohibited from leaving India without the prior permission of the court.

However, Chandrasekhar will remain in jail since he is yet to secure bail in other cases pending against him.

[Read Order]