A conman named Sukesh Chandrasekhar was granted bail by a Delhi court in a money laundering case related to the corrupt practices involving the AIADMK’s “two leaves” election symbol. Despite the bail grant, Chandrasekhar will remain in custody due to 31 other unresolved cases against him. The Special Judge Vishal Gogne at the Rouse Avenue Court issued the bail order, requiring Chandrasekhar to post a personal bond and surety of Rs 5 lakh each. The court considered that he had already served more than half of the maximum seven-year sentence specified under the Prevention of Money Laundering Act (PMLA) without a trial in this specific case.
In a significant ruling emphasizing personal freedom, the judge highlighted the contradiction of advocating for liberty while simultaneously constraining it through special laws or financial crime statutes. Although recognizing the severity of money laundering, the court stated that legislations like the PMLA should not be misused to excessively curtail the liberty of an accused for extended durations.
The case brought by the Enforcement Directorate (ED) originated from a 2017 Delhi Police complaint alleging Chandrasekhar’s involvement as a mediator for the then AIADMK leader TTV Dhinakaran. He was accused of trying to bribe the Election Commission with Rs 50 lakh to secure the party’s “two leaves” symbol for the faction led by VK Sasikala. Investigators claimed to have seized Rs 1.3 crore in cash intended for influencing the poll panel. Additionally, the ED asserted that Chandrasekhar orchestrated the creation and transfer of crime proceeds amounting to Rs 2 crore from Chennai to Delhi, and then portrayed Rs 63.78 lakh as legitimate funds.
Despite the serious accusations and the presence of 31 pending cases, the court ruled that these factors alone could not override his right to bail in the current instance, especially considering his bail approval in 26 of those cases. The judge also noted prolonged delays, highlighting that proceedings in both the primary offense and the ED case had been stalled by the Delhi High Court for years. This situation led to Chandrasekhar enduring excessive detention already and facing the possibility of further prolonged imprisonment without trial.
Referring to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, which mandates bail for undertrials who have served half of the maximum sentence (excluding death or life imprisonment cases), the court deemed the circumstances appropriate for granting relief. While granting bail, the court imposed stringent conditions, such as surrendering the passport, travel restrictions, and prohibiting contact with or influence on witnesses.
However, Chandrasekhar will not be released immediately as he remains in custody due to other pending criminal cases.