The Supreme Court on Monday refused to interfere
with the Delhi High Court verdict granting bail to former Mumbai Police
Commissioner Sanjay Pandey in a money laundering case related to alleged
illegal phone tapping and snooping of National Stock Exchange (NSE) employees.
A bench of Justices S K Kaul and A Amanullah said
the observations made by the high court in its December 8 last year judgement
granting bail to Pandey will not have any effect during the trial in the case.
The Enforcement Directorate (ED) had challenged the
high court verdict before the apex court.
Additional Solicitor General S V Raju, appearing for
the ED, told the bench that the high court had done a "mini trial"
while deciding the bail plea.
"Let it be," the bench observed, adding
that order granting bail to Pandey was six months old.
Raju then requested for a direction that the
observations made by the high court should not affect the trial in the case.
"Needless to say that the observations made
while granting bail will not in any way affect the trial," the bench
observed.
In its verdict, the high court had observed that
Pandey was prima facie "not guilty" of acquiring or retaining the
"proceeds of crime".
It had ordered his release on a personal bond of Rs
1 lakh with two sureties of the like amount subject to certain conditions.
The high court had said while tapping phone lines
without consent was prima facie a breach of privacy, the scheduled offences
under the under the Prevention of Money Laundering Act (PMLA) are not made out
and the ED has "not substantiated" that Pandey "derived or
obtained any property" from a criminal activity.
It had clarified that at the stage of bail, it was
not determining the guilt of the accused but only assessing the matter on broad
probabilities.
The money laundering case being probed by ED arises
from a CBI FIR against Pandey and his company iSec Services Private Limited for
the alleged commission of offences under the Indian Penal Code, Indian
Telegraph Act and Prevention of Corruption Act.
Pandey had founded iSec Services Pvt. Ltd. in 2001
after he had resigned from the IPS. He later quit the company and rejoined the
Indian Police Service.
According to the CBI, iSec, in conspiracy with other
accused persons illegally intercepted MTNL lines at the NSE between 2009 and
2017 and recorded calls by various exchange officials.
It has been alleged that the telephone monitoring
was carried out by iSec without taking permission of the competent authority as
required under the provisions of the Indian Telegraph Act and also without the
knowledge or consent of the NSE employees.
The ED alleged the revenue of Rs 4.54 crore
generated by iSEC for providing the services constituted the "proceeds of
crime" under the PMLA.
Pandey was arrested by the ED on July 19 last year
and subsequently sent to judicial custody.
While granting him bail, the high court had directed
Pandey to join investigation whenever asked to, appear before the trial court
when the case is taken up, and keep his mobile number switched on at all times.
It had also asked him to not leave the country
during the bail period and surrender his passport, besides directing him to not
communicate with, or come into contact with any of the prosecution witnesses or
tamper with the evidence of the case.
Former NSE chief Chitra Ramkrishna is among the
accused in the case.