CBI gets custody of Chidambaram in INX Media case until August 26

Former union minister P. Chidambaram, who was arrested late Wednesday night, will be allowed visits by his family and lawyers everyday.

P. Chidambaram was sent to 4-day CBI custody | Suraj Singh Bisht | ThePrint

New Delhi: Former finance and home minister P. Chidambaram was Thursday remanded in CBI custody until 26 August, a day after he was arrested for his alleged involvement in the INX Media case.

Special CBI judge Ajay Kumar Kuhar granted Chidambaram’s custody to the investigative agency after it argued that he was needed for “further custodial interrogation” and that he “remained evasive” and “did not cooperate”.

The court allowed his family and lawyers to meet him every day for an hour.

Chidambaram was arrested from his Delhi residence amid high drama Wednesday night over allegations that companies linked to his son Karti influenced the Foreign Investment Promotion Board (FIPB) to approve irregular investment worth Rs 305 crore in INX Media when the former was the finance minister in 2007.

INX Media was owned by Indrani and Peter Mukerjea, both of whom are in jail for the murder of the former’s daughter.

Among other things, the case built by the CBI rests upon the statements made by Indrani, who is now an approver in the investigation. She stated on record that Peter paid “millions of dollars” for a clearance from the FIPB.

Chidambaram was ‘evasive’

Appearing for the CBI, solicitor general Tushar Mehta said Chidambaram was a part of a criminal conspiracy that led to INX Media amassing “illegal funds” by “influencing a public servant in the Foreign Investment Promotion Board”.

Another ground for the CBI to seek further remand was that Chidambaram remained “evasive to questions”.

“Right to silence is a constitutional right but right to remain evasive is not a right and is only non-cooperation,” Mehta said.

The CBI claimed it plans to confront “other accused” with Chidambaram.

“The case diary shows that there is a serious, active, and informed role of accused. There is also a money trail,” Mehta said.

The former minister’s arguments

A battery of senior lawyers represented the former finance minister in court, and said the CBI’s arguments could not be treated as “gospel truth”.

Senior lawyer and Chidambaram’s Congress party colleague Kapil Sibal said the FIPB approval in the case was granted by six secretaries of the union government, none of whom were arrested.

“One of the secretaries also went onto become the RBI governor, but maybe they were blue-eyed boys of the government,” added senior counsel Abhishek Manu Singhvi, also a Congress member.

Sibal pointed to the delay in the registration of the FIR — the alleged crime was committed in 2007 but the FIR filed in 2017 — and said Chidambaram was asked 12 questions “which were not related to the INX Media case”.

The lawyers argued that Chidambaram was interrogated only once, on 6 June 2018, and did not avoid any question.

In an unprecedented occurrence, the court allowed the former finance minister to speak in open court. Chidambaram used the opportunity to tell the court to look at the transcript of his interrogation to see whether he ever evaded any questions.

Singhvi, meanwhile, questioned the CBI’s description of the case as one of “monumental magnitude”. “The gravity of the offence is judged by the sentence for it,” he said, “What the CBI calls a crime of monumental magnitude has a sentence of up to seven years.”

Plea before SC

Chidambaram moved the Supreme Court Wednesday to seek interim protection from arrest by the CBI and the ED, which is also investigating the case.

The case is to be heard by the top court Friday.

However, the plea stands partly invalidated in light of his arrest by the CBI.

Chidambaram’s arrest Wednesday came a day after the Delhi High Court rejected his plea for anticipatory bail and referred to him as a “key conspirator” in the case.