PANASAM AKSHARA | Delhi HC | Aug 16, 2022
Delhi High Court sought the stand of ED on bail plea by ex-Mumbai Police Commissioner Sanjay Pandey in connection with money laundering case related to alleged illegal phone tapping and snooping of NSE employees.Justice Jasmeet Singh issued notice to ED on bail plea and asked it to file its status reportThe judge issued notice and sought response from CBI on separate petitions filed by Pandey and his company seeking quashing of the FIR lodged by agency in relation to alleged phone tapping for alleged commission of offences under IPC,Indian Telegraph Act and Prevention of Corruption Act.According to CBI,the company in conspiracy with other accused persons illegally intercepted MTNL lines at NSE between 2009 & 2017 and recorded calls by various NSE officials It was alleged that telephone monitoring was carried out by company without taking permission of competent authority as required under the provisions of ITA and also without the knowledge or consent of NSE employees.Pandey who was arrested by ED on July 19,is currently in judicial custody.Senior advocate Mukul Rohatgi appearing for pandey who challenged a trial court's 4 August order rejecting bail urged the court to list bail after short date and said He is senior citizen,a police commissioner.He is not going to runaway It was further contended that CBI FIR ought to be quashed on grounds that no offence as alleged by agency,is made against former Mumbai top cop In petition seeking quashing of FIR in CBI case,Pandey contended that FIR has been registered only to fulfil a political agenda against him.The plea said FIR was wholly baseless and that no offence was made out.While rejecting Pandey's bail earlier this month,the trial court had said the material available prima facie showed he was actively involved in execution of recording and monitoring of calls at NSE,and was directly coommunicating with bourse staff as well as those of iSec Services,which was responsible for cyber security audit of NSE.The trial court noted that material collected by investigating officer prima facie showed the retired IPS officer was in de facto control of affairs of iSec even after 2006,when he resigned as a director, and kept attending the meetings with NSE officials It said application was chief of Mumbai Police till 30 June 2022,the apprehension of investigating agency that he may influence the witnesses with evidence was not unfounded.The ED had 14 July arrested Chitra Ramkrishna,the former MD and CEO of NSE in phone tapping case.Ramkrishna was then already in jail in CBI case relating to co-location scam at NSE involving alleged manipulation of bourse.The matter would be heard next in September.