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Threats, harassment and blackmail claims heard as Guptas granted bail in Indian builder’s suicide case

Threats, harassment and blackmail claims heard as Guptas granted bail in Indian builder’s suicide case
Caryn Dolley
By Caryn Dolley
19 Jul 2024
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In the run-up to a prominent builder in India taking his own life, allegedly after harassment from Ajay Gupta and his brother-in-law Anil Gupta, emails were exchanged between them, and complaints were lodged with the police. This emerged in the duo’s successful bail application.

Details underpinning the arrests of Ajay Gupta and his brother-in-law Anil Gupta in India about two months ago, in a case involving a builder who died by suicide, have started emerging there.

Before his death in Dehradun, there were emails between the builder Satinder Singh Sawhney (also spelled Sahni) and Anil Gupta. And Sawhney also lodged a report with police against the Guptas, who lodged a complaint against him.

These details are contained in a document from the Uttarakhand High Court which last week, on 11 July 2024, granted the Guptas bail.

Read more in Daily Maverick: Ajay and Anil Gupta arrested after alleged involvement in builder’s suicide in Dehradun, India – reports

They had been detained since 24 May – the day Sawhney died.

The Guptas previously reportedly tried, but failed, to get released on bail.

According to the high court papers, the prosecution’s case was that Sawhney, who was referred to as “the deceased,” felt so distressed because of the Guptas, that he took his own life.

‘Made his life miserable’

“The applicants had made the life of the deceased miserable; they had pressured the deceased so that (he) was left with no other option but to end his life,” the papers said.

Sawhney was involved in real estate.

According to the court papers, he had two Limited Liability Partnerships.




Towards the end of December 2022, Anil Gupta was inducted to both of those “as sleeping partner with the stipulation that the applicant Anil Kumar Gupta will have 85% of investment holding and 65% of the share of the benefit”. 

The court papers referenced Sawhney’s suicide note, saying that it stated he was introduced to Anil Gupta via a situation involving possible project investments.

According to the note, Sawhney said Anil Gupta got involved with his businesses “as a silent partner and promised not to involve (sic) in any day-to-day work and he will invest 85% of whatever money will be required in the project”.

‘Promises and commitments’

It continued: “With such promises and commitments we started the work without knowing that Anil Gupta has some very dangerous planning in his mind.”

The note said that at one point, once a project had started, Anil Gupta stopped communicating with him, and Ajay Gupta instead got involved. 

“In a few days Ajay Gupta created too much pressure on me and my partner,” Sawhney’s note, as detailed in the court papers, said.

“Because of his background and his angry behaviour of threatening, we were not able to say anything in front of him as he had a very dangerous past, as he himself told us to check on Google what he has done in South Africa. 

“He is a very big fraud. Sir we are too much afraid of both Anil Gupta and Ajay Gupta in this project. Public money is involved. We cannot work with him. I have to prove my innocence, I have not done anything wrong.”

Another part of the note said: “SAVE MY FAMILY PLEASE”

According to the court papers, in May this year or last year (the documents give both dates, however, 2024 is stated more often) Sawhney made a report to the police “revealing as to how he was threatened, harassed and blackmailed by the applicants (Anil and Ajay Gupta).”

The Guptas were allegedly pressuring him to “hand over both the projects”.

No suicide abetment

They, in turn, lodged a complaint against Sawhney with the police in the Indian city of Saharanpur.

The lawyer representing the Guptas had countered that the matter in which they were accused was “not a case of abetment to suicide”.

It was also argued that they had lodged a complaint with the police on 20 May this year and that it “had already been closed” on 23 May, the day before Sawhney died.

Read more in Daily Maverick: Jacob Zuma politically resurrected in SA as protesters ‘ink’ Guptas in India

There was therefore nothing supporting the “abetment” theory.

Emails were also referred to in the Guptas’ defence.

The court papers said that on 12 and 13 May, Sawhney sent emails to Anil Gupta “requiring him to invest money in the project, as the landowners were to be paid money within the stipulated time”.

On 14 and 15 May, Anil Gupta had replied “asking for the accounts and giving various directions with regard to both the (Limited Liability Partnerships) … further indicating that in case action as per the emails is not taken, he shall have no option but to approach the court of law at Dehradun”.

The court papers added: “Learned Senior Counsel would submit that no threatening was given. It is argued that any statutory complaint may not be termed as a cause for abetment to suicide.”

No chance of fleeing

The papers said that according to the defence, most of the investigation into the matter was complete. 

It was also submitted that “there are no chances” of the Guptas “fleeing from justice and tampering with the evidence”.

The court ruled that the Guptas could be released on bail. Conditions for this included that they may not leave India without permission.

They also had to hand over their passports to the investigating officer. Anil and Ajay Gupta were also told not to contact Sawhney’s family or any witnesses in the case.

Fugitive brothers

Daily Maverick recently reported on Ajay’s brothers, Rajesh and Atul Gupta, who may also be, or have been, in India.

The Delhi High Court had granted them an order allowing them to visit India for several weeks, between 27 May and 8 July, to see their ailing mother.

That order said that based on certain conditions, they would not be arrested there during that time.

Read more in Daily Maverick: ‘SA is witch-hunting us’ — Wanted Gupta brothers get court green light to visit ailing mom in India

Rajesh and Atul are wanted in South Africa in connection with State Capture crimes, including for fraud and money laundering.

 

In 2022 they were arrested in Dubai in the United Arab Emirates. Last year they managed to avoid being extradited from there to South Africa.

Justice Minister Ronald Lamola last month told eNCA that red notices – international requests for authorities to arrest listed figures – against the brothers were still active and “wherever they land they must be arrested”. DM

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