Chidambaram INX Media Case Latest Updates: It looks like a mini setback for the Enforcement Directorate — which was looking to make a strong case to ensure Chidambaram does not get any relief from court — as Supreme Court acknowledged in its order that Chidambaram has always been on bail and he has been cooperating with the investigation in the ED matter.
The special court has reserved the order on anticipatory bail plea of P Chidambaram and Karti Chidambaram till 3 September. The court has also extended their interim protection till then.
Pakistan Senator Rehman Malik has condemned the arrest of Congress leader P Chidambaram and added that he was targetted by the Modi government.
Monday will be crucial in determining the Congress leader’s fate as the Raous Avenue special court will decide whether to extend Chidambaram’s CBI custody, while Supreme Court will hear two pleas related to the matter. The first plea challenges the special court’s order granting CBI Chidambaram’s custody; the second petition is regarding an anticipatory bail from ED’s arrest, while challenging Delhi High Court’s order.
It looks like a mini setback for the Enforcement Directorate — which was looking to make a strong case to ensure Chidambaram does not get any relief from court — as Supreme Court acknowledged in its order that Chidambaram has always been on bail and he has been cooperating with the investigation in the ED matter.
Supreme Court will take both Enforcement Directorate and CBI cases against P Chidambaram for hearing on Monday. The court has granted him protection from arrest to Chidambaram in Enforcement Dircterorate case till Monday but he has not got any relief in CBI case.
Supreme Court granted P Chidambaram interim protection from arrest till August 26 in connection with INX media case probed by Enforcement Directorate. However, technically, this would hardly make a change in the current situation as the former finance minister is already in CBI custody till then.
The small relief that the Supreme Court did grant is that ED cannot arrest him until the apex court disposes off the current matter. So, if at all the CBI does not seek extended custody of Chidambaram, or the special court refuses to grant that request, then the SC order stops the ED from immediately swooping down and arresting Chidambaram.
Kapil Sibal said in Supreme Court, “Delhi HC judgment is verbatim of what is in the note. Comma for comma, full stop for full stop. Everything is a copy, so the note becomes the basis of denying bail to Chidambaram. If a court starts cut, copy and paste of a note damning me, what chances can I have to get relief? The HC order is as good as an order of conviction.”
SG Tushar Mehta, representing the CBI in this case, said that since the accused individual is exceptionally intelligent, he can remain evasive during questioning if he is offered protection. “There are people like him with his mental faculties who would not divulge any details if they remain under protection,” Mehta said.
Citing sections of the Delhi High Court judgment wherein the judge has recommended abolition of anticipatory bail in white collar crimes, Singhvi said, “The learned judge has also referred to Aircel Maxis case while denying anticipatory bail in INX Media case. I already have interim protection in Aircel Maxis case and the learned Judge is referring to an unconnected matter in this judgment. It shows how the mind is working.”
Kapil Sibal had laid a rather serious charge against the Delhi High Court judge who passed a scathing order denying Chidambaram antiipatory bail. He says that certain paragraphs of the order of the Delhi High Court are a “cut and paste” of a note handed over by Solicitor General Tushar Mehta after the pleadings were over. He said that this note was never produced in court during arguments and was admitted without even a shred of evidence.
Sibal also said that the note was submitted in Delhi HC after the judgement had been reserved and it also influenced the final order.
Arguing on behalf of P Chidambaram, senior lawyer Kapil Sibal said that the matter directly affects the personal liberty of his client. He said that how could the CBI arrest Chidambaram, a Rajya Sabha MP and a former Union minister in such an urgent manner, when the special leave petition was already pending in the Supreme Court.
The Supreme Court begins hearing the case of anticipatory bail plea. P Chidambaram’s lawyers have requested the court to grant interim protection from arrest by the Enforcement Directorate in the INX Media case.
Union Parliamentary Affairs Minister Pralhad Joshi on Thursday said the Congress should not worry about the arrest of P Chidambaram if he had committed no wrong and asserted that the law will take its own course.
Top Congress leaders defended Chidambaram and accused the Union government of political vendetta. “The matter is sub-judice. Why is the Congress afraid? If he has committed no wrong, there is nothing to worry about. Law will take its own course,” Joshi told reporters
Investigation by probe agencies has revealed irregularities in foreign investment clearances given by former finance minister P Chidambaram to four other companies, besides INX Media group and Aircel-Maxis, according to Business Standards .
Other four firms which are under the scanner are Diageo Scotland, Essar Steel, Katara Holdings and Elforge Ltd. These firms were granted FIPB approval when Chidambaram was the FM.
Delhi HC judge who prosecuted Chidambaram retires
Justice Sunil Gaur, who paved the way for former finance minister and senior Congress leader P Chidambaram’s arrest in the INX Media Case by dismissing his anticipatory bail plea, retired as a Delhi High Court judge on Thursday. He had also passed an order clearing the decks for prosecution of top Congress leaders, including Sonia and Rahul Gandhi, in the Naitonal Tribunal Case. Justice Gaur was elevated to the High Court in April 2008. He was designated as a permanent judge on 11 April, 2012.
P Chidambaram was questioned briefly last night in connection to FIPB approvals to INX Media. The agency is yet to start the fresh round of questioning on the second day.
Senior Congress leader Kapil Sibal on Friday took a swipe at the government, saying the “economy is in ICU” and the Modi dispensation has issued a “look out notice" for all those defending civil liberties. His jibe of government issuing look out notice was an obvious reference to probe agencies issuing such a notice for party colleague P Chidambaram and arresting him.
Not much of a relief, to be honest. As an article in News18 points out, that with the trial court having already applied its mind and allowed the CBI’s request for his custodial interrogation on Thursday, it is unlikely that the Supreme Court would want to say anything on Chidambaram’s arrest by ED.
Pre-arrest bail for a person who is already in custody of an investigating agency under the order of the trial court is a very tricky issue. The apex court, in similar situations in some other cases, has refrained from interfering after the trial court has already applied its mind and allowed custodial interrogation. Since the trial court has allowed Chidambaram’s custodial remand, it becomes extremely difficult for his legal team to now argue that since he had been on a pre-arrest bail before the Delhi High Court order on 20 August, the same should continue.
Between the Delhi High Court’s judgment and Chidambaram’s petition in the Supreme Court, there stands a trial court order wherein it has been held that allegations against him are serious and hence, a detailed and in-depth investigation is a must.
Chidambaram’s lawyers had approached Supreme Court on Tuesday evening for the first time, hours after the Delhi High Court refused to grant anticipatory bail to the former finance minister in a scathing order. The Supreme Court denied an urgent hearing and the matter got delayed twice, before it was finally listed for Friday for hearing. However, CBI sleuths got the much needed window between expiration of Chidambaram’s protection against arrest and the Supreme Court hearing the matter, and finally arrested him on Wednesday night.
Chidambaram’s arrest by the CBI makes his plea regarding anticipatory bail infructuous. However, a second petition against the Enforcement Directorate is the one his legal team will strive to focus on. ED is yet to formally arrest Chidambaram in the INX Media Case. Therefore, his second petition, asking the top court to give him pre-arrest bail in the case lodged by ED still has its chief prayer surviving.
Congress leader P Chidambaram’s plea challenging the Delhi High Court verdict dismissing his anticipatory bail plea in the INX Media case would be heard on Friday by the Supreme Court bench headed by Justice R Banumathi.
Chidambaram, who was arrested by the CBI on Wednesday in the case, had approached the top court against the high court’s August 20 verdict.
A Delhi court Thursday allowed CBI the four-day custody of Chidambaram. The Congress leader was arrested after he failed to get protection on Wednesday from the Supreme Court which decided to hear on Friday his plea seeking stay of the high court order. His plea would be heard in the apex court by a bench comprising Justices R Banumathi and A S Bopanna.
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