ED Case Against Swaraj Singh Yadav: Delhi Court Orders Protection For Witnesses, Homebuyers Allegedly Threatened

Additional Sessions Judge (ASJ) Shefali Barnala Tandon passed the order on May 18 while hearing the regular bail plea in a case being probed by the Directorate of Enforcement (ED).

What triggered the Court's intervention?

The Court stepped in after victims and witnesses informed it that they were facing intimidation both inside and outside the courtroom, including attempts to record them while they were present for the bail hearing.

According to submissions placed before the Court, an unidentified individual was allegedly found recording videos of victims waiting outside the courtroom. When confronted, the person allegedly identified himself as “Manoj” and said he was acting on instructions from the accused’s counsel to record those opposing bail. The court directed that the photograph taken by victims be placed on record and ordered preservation of CCTV footage.

Multiple homebuyers also alleged a pattern of intimidation. The court was told that members of the Expressway Towers Gurugram Buyer Association had received threats allegedly linked to persons associated with the accused, and that false FIRs were also being filed against association members.

A senior citizen witness separately alleged threats to his life, while the investigating officer informed the court that more than 10 complaints had been received from victims and witnesses reporting intimidation attempts linked to the accused’s side.

Another witness, Lt. Col. Naveen Kumar Hooda, appearing via video conference, alleged that he was being threatened over calls purportedly made on behalf of the accused’s wife and was being pressured to withdraw from the case. He also claimed that false FIRs had been registered against him in Rajasthan despite being posted outside the state.

The Court also took note of allegations that individuals connected to the accused’s legal team were facilitating intimidation and continuing dealings with new buyers despite the accused being in custody. Observing the seriousness of the allegations, the Court said it could not remain a silent spectator where attempts were being made to influence witnesses and obstruct the course of justice. It stressed that witness protection is an integral part of the right to life and liberty under Article 21 of the Constitution.

Accordingly, the Court directed the Deputy Commissioner of Police (New Delhi District) to immediately ensure protective measures for victims, witnesses, and their families. It also ordered the appointment of a nodal officer not below the rank of Inspector for coordination and continuous monitoring of the situation.

The Court further directed continuous vigilance to prevent any retaliatory action and asked the police to submit a status report within three days. These interim arrangements will continue until the Enforcement Directorate frames a formal witness protection mechanism or until further judicial orders.

The matter has been listed for further hearing on May 23.