P Chidambaram hearing in Supreme Court updates: Ex-FM playing 'victim card', argues ED; court extends protection from arrest in money laundering case till Thursday

Showing case diary to accused could ‘prejudice investigation, influence witnesses’, ED counsel tells Bench

After handing over a large compilation of case laws to support his argument against disclosure of evidence ahead of filing of the chargesheet, Solicitor General Tushar Mehta requested the Bench to peruse both the case diary and material on record.

“There’s no prejudice to the accused if the police diary is placed before Court,” Mehta said.

Solicitor General has cited judgments of CrPC Section 172 to persuade the bench to look at the case diary, as aid in the case. He also argued that showing the case diary to the accused could prejudice investigation, influence witnesses. “The diary need not be seen but I want the court to see how the victimhood being plead by the petitioner does not hold,” Mehta said.

We have ‘cogent evidence’ in our possession, says SG Tushar Mehta

To Sibal’s argument that Chidambaram should be confronted with the evidence, Tushar Mehta, representing the Enforcement Directorate, said that Abhishek Manu Singhvi had argued that the former finance minister’s lawyers should be given access to the evidence. “This is what happens when two counsels argue for one client,” Mehta said.

“This is not a witch-hunt as alleged. We have evidence in our possession and it is cogent evidence,” Mehta told the Bench.

Reading out relevant paragraphs from an earlier judgement, Mehta further argued that the apex court had observed that it is “baffling as to how can an accused rely upon the material obtained during investigation to seek anticipatory bail.”

“I’m going a step further to satisfy the court’s conscience as regards authenticity of the documents,” he said.

Evidence that has not been used to confront the accused, should not be shown as evidence in court, says Justice R Banumathi 

Justice R Banumathi reminds the ED the apex court should not be shown evidence that has not been used to confront the accused in the arguments made on P Chidambaram’s behalf.

Evidence cannot be shared with accused before filling chargesheet, says SG Tushar Mehta

SG Tushar Mehta says evidence cannot be shared with accused before filling of the chargesheet, to which senior advocate Kapil Sibal, who is representing P Chidambaram, interjects and states that he never made the case that accused should be given access to evidence but he should be confronted with it.

Overseas bank have given specific inputs regarding P Chidambaram’s properties abroad: ED to SC 

ED states that overseas banks have given some specific inputs regarding properties, companies etc regarding P Chidambaram’s benami accounts abroad.

“We have issued letters rogatory (LR), we have got some and are awaiting more,” argued SG Mehta. (Letter rogatory are a formal request from a court to a foreign court  to obtain information or evidence from a specified person within the jurisdiction of that court)

“At this stage, if the Supreme Court intervenes, it will be preventing us from exercising our statutory right to arrest,” he added.

‘Can’t share documents as investigation still underway’: ED tells SC

As the investigation into the money-laundering in the INX Media case is still going on, the ED argued that they were at the stage when they can’t share any documents due to the peculiar nature of the material in the case.

Even adjudicatory authority has no access to those documents until the charge-sheet is filed.

ED urges Supreme Court not to curtail agency’s authority to arrest P Chidambaram 

SG Mehta urges Supreme Court not to interfere at this stage and curtail ED’s authority to arrest.

“They keep saying the arrest is for humiliation, humiliation, humiliation but I say it is for prevention, prevention, prevention, with a capital P,” SG Mehta said, while representing the ED during the court proceedings.

Statutory right to arrest can’t be curtailed by the Supreme Court: ED to SC

“Prevention of Money Laundering Act, 2002 is a self-contained code. It takes care of all the constitutional rights,” argues ED. 

ED says it has a statutory right to arrest but whether custodial interrogation is required is to be decided by the Special Court.

“Statutory right to arrest can’t be curtailed by the Supreme Court, only high ranking officials are authorised under the law to make such arrests. There has to be reasons recorded in writing, which we do have in this case” said SG Mehta

ED says ready to give evidence to prove money laundering still on in INX Media Case

As on date, money laundering is going on, ED tells Supreme Court against P Chidambaram’s petition. SG Mehta said he is ready to give evidence to show laundering is still on and the ED  has direct evidence to show it.

Money laundering is independently a criminal offence: SG Tushar Mehta

Money laundering is independently a criminal offence, SG Mehta argued. No documents can be shared with him (P Chidambaram) till the complaint is filed" he said.

Most of the evidence is in the form of electronic format and within it will be gone in minutes if placed before the Supreme Court, hence evidence cannot be shared until the prosecution complaint is filed.

‘A stupid man can’t launder money’: Solicitor General Tushar Mehta commences arguments on behalf of the ED

“We are presently concerned with money laundering part. Money laundering is a separate offence, independent of the predicate offence.” Solicitor General Tushar Mehta said.

Mehta argues that P Chidambaram’s petition isn’t seeking discharge or validity of a law and hence limited questions need to be answered by this court.

He also emphasises on objectives behind the money laundering law, and says agencies have to be deal with very intelligent people since a stupid man can’t launder money. Most of the evidence is electronic and there will be several layers of a crime.

Supreme Court proceedings to begin shortly

Karti Chidambaram reacts to media reports quoting CBI calling ex-FM ’evasive’ 

Former finance minister P Chidambaram’s son Karti on Wednesday tweeted regarding media reports quoting “anonymous CBI sources” claiming that the Congress leader was “evasive” during the interrogation by the central investigative agency in the INX Media case.

‘We challenge the government to produce a shred of evidence in support of one undisclosed bank account’: Karti Chidambaram

“We challenge the government to produce a shred of evidence in support of one undisclosed bank account, one undisclosed property or one shell company anywhere in the world,” the former Union Minister’s son Karti Chidambaram said in a statement on Twitter.

Karti Chidambaram is also an accused in the INX Media case and is out on bail.

Exuding confidence in the former Union minister, Chidambaram’s family asserted that the truth will prevail. 

“We are a family possessed of enough wealth. We are all income tax accesses. We do not crave for money and have no need to seek money in unlawful ways,” read the statement.

The former finance minister’s family commended him for his “impeccable honesty, work and contribution” and added that it cannot be wiped out by a “campaign of vilification”. 

There are chapters plucked out of the ghost stories, one day these ghosts will be buried, it stated.

Ex-FM rebukes ED claim of benami accounts abroad, says central investigating agencies ‘out to humiliate’ him

Union Minister P Chidambaram told the Supreme Court on Tuesday that he has “no account or any property abroad, much less 17 benami accounts and 10 properties, as alleged” by the ED.

Claiming that investigating agencies were out to “humiliate” him, Chidambaram also urged the top court to direct the ED to produce transcripts of his questioning on three occasions earlier. This, he said, would establish that he had not been evasive in his replies.

‘To humiliate us hour by hour’, says AM Singhvi representing former FM 

Senior advocate Abhishek Manu Singhvi, representing P Chidambaram, said the former Union Minister was not evasive during his questioning and has fully cooperated in the probe. “You (Enforcement Directorate) want to arrest me, but for what reason? The answer is – to humiliate me, to humiliate me and to humiliate me, minute by minute and hour by hour,” he said, representing his client on Tuesday.

He said the probe agency filed the case in 2017, whereas the alleged offences alleged are of the period 2007-2008.

‘Cannot randomly place documents behind our back for seeking custody’: Kapil Sibal

“The transcripts will show whether Chidambaram was evasive during his questioning, as alleged by the ED,” Kapil Sibal said. He also told the bench that the ED cannot place documents in the court randomly and “behind the back” for seeking former Union minister’s custody.

“They are just producing documents at random and saying this is part of the case diary,” Sibal said, adding, “They cannot place the documents behind the back and seek custody of accused.”

‘No account, property abroad, tell ED to show transcripts’: P Chidambaram to SC

P Chidambaram, who is currently in CBI custody in the INX Media case and seeking protection from arrest by the Enforcement Directorate in the INX Media case told the Supreme Court on Tuesday that he has “no account or any property abroad, much less 17 accounts and 10 properties, as alleged” by the ED.

In a rejoinder affidavit, filed in response to the ED claim that it had found “17 benami foreign bank accounts” used for laundering money and purchase of 10 properties, senior advocate Kapil Sibal, appearing for Chidambaram, filed an application seeking direction to the ED to produce the transcripts of the questioning conducted on 19 December 2018, 1 January and 21 January 2019, in the case.

Ex-FM to remain in CBI custody till 30 August 

A CBI court on Monday remanded former finance minister P Chidambaram to the custody of the central investigative agency in connection with the INX Media case till 30 August, after the Supreme Court labelled his plea challenging the rejection of anticipatory bail as “infructuous” earlier in the day. The ED, also investigating the case, will reportedly seek his custody once the CBI has concluded interrogation.

Special Judge Ajay Kumar Kuhar gave the order on CBI’s demand seeking an extension of his custody by five days after hearing arguments for nearly 40 minutes on Monday.

In an affidavit against the CBI remand order, ex-FM had dismissed the charges against him and expressed fear that coercive methods may be used to “elicit responses” from him while he is in CBI custody.

ED to argue against anticipatory bail for P Chidambaram in SC today

The Supreme Court, which is hearing twin pleas by P Chidambaram — one against the ED in the INX Media case and the other challenging the CBI remand — will on Wednesday hear ED’s arguments against granting anticipatory bail to the former finance minister.

Justices R Banumathi, AS Bopanna to hear ED’s arguments

A Supreme Court bench comprising of Justices R Banumathi and AS Bopanna is set to hear the arguments of the Enforcement Directorate (ED) on former finance minister P Chidambaram’s two petitions in the INX Media case on Wednesday. 

Senior advocates Kapil Sibal and Abhishek Manu Singhvi presented arugments in defence of Chidambaram in the case over Monday and Tuesday.

Supreme Court to continue hearing P Chidambaram’s plea against Delhi HC’s decision today

The Supreme Court is likely to continue hearing former finance minister P Chidambaram’s plea against Delhi High Court’s decision of rejecting his anticipatory bail plea from 2 pm on Wednesday.