‘Abuse of law’: Top court junks Sukesh plea for changing jail

New Delhi: Calling it an abuse of the process of the law, the Supreme Court on Tuesday dismissed a plea of alleged conman Sukesh Chandrasekhar to shift him from Mandoli Jail in the national capital to any other prison, except ones in Punjab and Delhi.

A bench of Justices Bela M Trivedi and P B Varale noted similar pleas previously filed by Chandrasekhar were dismissed by the top court. The bench told Chandrasekhar that his grievance was against the Delhi government and now with a change in the dispensation, the grievance does not survive. “You have money to spend, you keep on taking chances. This is an abuse of the process of law. How can you keep filing the same petition?” it said. It went on, “We are not inclined to entertain the petition filed under Article 32 of the constitution. We have not expressed an opinion on the merits of the case.

However we cannot resist ourselves in expressing that the present petitioner has tried to misuse the process of law by filing writs one after another under the guise of changed circumstances.” Senior advocate Shoeb Alam, appearing for Chandrasekhar, said the petitioner had a right under Article 21 of the Constitution not to be kept away from his family. He sought Chandrasekhar to be sent to any jail in Karnataka or near it. “We are worried about society and its safety also. Your fundamental rights cannot be enforced at the cost of others.

Look at the kind of allegations you levelled against the officers,” added the bench. The apex court had sought response from the Delhi government on Chandrasekhar’s plea. Chandrasekhar claimed he was put under surveillance with two cameras to pressure him to withdraw his complaints. His lawyer argued Delhi Lieutenant Governor V K Saxena recommended a probe by the CBI against former minister Satyendra Jain on Chandrasekhar’s complaint.