SC directs production of ex-CMD of Amrapali Group before AIIMS board for examination for surgery

NEW DELHI: The Supreme Court Monday directed production of Anil Kumar Sharma, ex-CMD
of Amrapali Group of Companies, before the medical board of AIIMS on Tuesday for
examination on his surgery for repair of “bilateral inguinal hernia”.
The AIIMS medical board which was set up in pursuance of the direction of the top court on
March 21 had examined Sharma, who is lodged in Mandoli Prison here, and recommended
surgery.
A vacation bench of Justices MR Shah and Aniruddha Bose was told by advocate Manoj Singh,
appearing for Sharma, that as per the medical advice he needs to be operated and for that, he
needs to be produced before the doctors for examination and fixing of a date for the surgery.
Additional Solicitor General KM Nataraj, appearing for Delhi police, said that the court has
constituted a medical board and he can be produced before it as per the medical advice.
The bench after perusing the records directed that Sharma be produced before the medical
board on Tuesday for examination and thereafter he be operated on at the earliest as per the
advice.
The bench posted the matter for further hearing on Thursday.
On March 21, the top court had refused to order the transfer and clubbing of over 80 criminal
cases lodged by home buyers against directors and other officials of Amrapali group firms,
saying it would not “queer the pitch” and make life difficult for a trial judge.
The top court had not agreed to the fervent submission of the counsel of Shiv Priya, one of the
jailed officials of the real estate group, that like coal scam cases, the trials in 85 criminal matters,
which are of similar nature, can be transferred to one court from seven different courts in the
national capital.
The apex court had said that the coal scam cases involved government servants as individual
accused as well and moreover, the Prevention of Corruption Act provides for transfer and
clubbing and this was not available in other statutes under which the former directors of the
private firms are charged.
“Every complainant will have different versions and it will create problems for the court. How
does it help the cause of justice? The trial judge concerned will not be able to deliver the
judgement. We cannot do that. There has to be a power where we can vest everything in one
jurisdiction,” the top court had said.
On the same day, the top court had also dealt with the separate plea of Sharma, seeking relief
on medical grounds, and directed the Director, AIIMS, to set up a board of doctors to examine
him and give a report to it.
It had asked the AIIMS authorities to apprise the Mandoli prison authority to ensure the
presence of Sharma before the medical board for examination on the date fixed.
The apex court has been monitoring the cases related to the embattled real estate company
after many homebuyers approached alleging malpractices and non-delivery of homes or flats.
Former group directors of Amrapali Anil Kumar Sharma, Shiv Priya, and Ajay Kumar are behind
bars on the top court’s order.
Chander Prakash Wadhwa, jailed former chief financial officer (CFO) of Amrapali group, and
Anil Mittal, statutory auditor of the Amrapali group of companies were also arrested in
connection with the case.
The arrested persons have allegedly been instrumental in creating a large number of bogus
companies for diversion of funds of home buyers by employing persons known to them as
directors or appointing them to key management posts in those companies.
The apex court in its July 23, 2019, verdict had cracked the whip on errant builders for
breaching the trust reposed by home buyers and ordered the cancellation of the registration of
the Amrapali Group under real estate law RERA and ousted it from prime properties in the NCR
by nixing the land leases.
The apex court had directed a probe by the Enforcement Directorate into alleged money
laundering by realtors, providing relief to over 42,000 home buyers of Amrapali Group with the
verdict.
Besides ED, the Economic Offence Wing (EoW) of Delhi Police and SFIO has also been
investigating various cases lodged against the former officials of the real estate group.
The top court, which is trying to bring in funds for the stalled projects, had then directed the
state-run NBCC to complete the stalled projects of the Amrapali Group.