Sanjeev Chawla invokes govt's vow to UK, sent to Tihar jail

NEW DELHI: The Delhi high court stepped in on Friday to cancel the police custody of alleged bookie Sanjeev Chawla, recently extradited from the UK, taking note of his claim that Indian government had assured its British counterpart that he will be kept in Tihar Jail.
Chawla, a British citizen who is key accused in one of cricket's biggest match-fixing scandals that involved former South African captain Hansie Cronje, had been sent to face custodial interrogation of Delhi Police's crime branch by a trial court on Thursday.
Directing the police to ensure that Chawla goes to Tihar immediately, Justice Anu Malhotra said he will be in judicial custody till further orders, even as the bench made Union home ministry (MHA) a party to the case, seeking its stand along with that of the police. Appearing for Chawla, senior advocate Vikas Pahwa cited three letters of assurance (LoA) given by MHA to the United Kingdom clearly stated that he has to be extradited to face trial in the case, in which police filed a chargesheet in 2013. He maintained that the MHA also assured UK government the Chawla will be kept in Tihar Jail as an undertrial and later, if found guilty, as a convict.
"The police remand goes against the assurances given to the UK. Where is the need for custody when the chargesheet has been filed and investigation is over? This is not the mandate of extradition proceedings which have only allowed my client to face trial," the counsel submitted before HC.
The court said it was essential to hear the Centre on the matter as the letters of assurances were issued by the MHA. The petition referred to the MHA's letters dated February 28, 2017, September 22, 2017 and June 11, 2018 giving assurances to the UK government. "The said assurances are the sovereign assurances given by the government of India and are binding upon the government and enforcing agencies inasmuch as the guarantees and assurances are the basis of extradition," it said. "The Indian government had given assurances which are solemn and sovereign assurances that at all times, during pre-trial custody, the petitioner would be lodged in Tihar Jail and therefore, no police remand can be granted," the plea said.
The trial court on Thursday had sent Chawla to 12-day custodial interrogation by Delhi Police, noting the matter was to be probed further for which he had to be sent to various cities across the nation.
Since the investigating officer of the case wasn’t present in HC during the hearing that lasted after the official court hours, Justice Anu Malhotra directed the crime branch to file a status report on the matter while asking MHA too to respond by next date of hearing on February 19.