Delhi HC sends Sanjeev Chawla to judicial custody till further orders

The Delhi High Court on Friday immediately sent match-fixing accused Sanjeev Chawla into judicial custody in Tihar jail till further orders.

The Delhi High Court on Friday immediately sent match-fixing accused Sanjeev Chawla into judicial custody in Tihar jail till further orders. Justice Anu Malhotra announced the order after observing the terms of the letter of Home Affairs and Chawla's counsel submitted that the government has assured UK court that he will be kept in Tihar Jail during his trial in India during Chawla's extradition proceedings.

Chawla, who was allegedly involved in a match-fixing racket that was busted by Delhi Police in 2000 and extradited to India yesterday, has challenged the custodial remand given by Delhi court. The High Court also issued notice to the Centre on Chawla's plea and listed the matter for further hearing on February 19.

Chawla moved the Delhi High Court challenging the Delhi's Patiala House Court which sent him to 12-day police custody and seeking a direction that he should be remanded to the custody of Tihar Jail. Senior Advocate Vikas Pahwa, appearing for Sanjeev Chawla, told the Delhi High Court that the government has assured UK court during his extradition proceedings that he will be kept in Tihar Jail while facing trial in India.

But the moment Chawla was brought to India, an application was filed, contrary to their assurance to the British government and police sought Chawla's police custody. Pahwa also told the court that charge-sheet has been filed naming Chawla in this case in 2013 and the trial court has taken cognisance of the charge-sheet. He further said that Chawla was called to India for facing trial in the case.

The petitioner told the High Court that the police custody of the petitioner is "wholly illegal and unlawful". The petition said that in pursuance of the non-bailable Warrants dated 27.02.2015 and in pursuance of Red Corner Notice, Chawla was arrested by the local police authorities in the UK.

"That on the basis of the arrest warrant dated 27.02.2015 issued by the magistrate court, which was executed in London, the petitioner was produced before the concerned court in London wherein 2016 petitioner was granted bail. The petitioner continued to be on bail," it said. "On the basis of execution of the warrants of arrest, extradition proceedings were initiated against the Petitioner. In the extradition proceedings, the Courts in London were informed that the investigation against the petitioner is complete and charge-sheet has already been filed," it added.

Chawla in his petition said that he is a British national and added that diplomatic assurances dated were given by the Government of India to the UK Government. "The said assurances are the sovereign assurances given by the Government of India and are binding upon the Government of India Courts and State Enforcing Agencies inasmuch as the guarantees and assurances are the basis of extradition. The said assurances in unambiguous terms stated that the Petitioner during his detention in pre-trial and post-conviction will be kept at Tihar Jail," the petition read. (ANI)

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