New Delhi: In a setback for Congress leader P Chidambaram, the Supreme Court on Monday refused to entertain his petition challenging the dismissal of anticipatory bail in a corruption case lodged by the CBI in the INX media scam.
At the outset, a bench comprising justices R Banumathi and A S Bopanna said since Chidambaram has already been arrested and is in the custody of the CBI, his appeal in the case has become infructuous.
However, the bench said Chidambaram is at a liberty to seek remedy in accordance with the law.
Chidambaram, whose CBI custody is ending today, will be produced before a trial court where the agency can further seek his custody.
However, senior advocates Kapil Sibal and A M Singhvi said in their arguments that the CBI ensured that Chidambaram’s plea become infructuous by arresting him when he was seeking protection from arrest.
They said that immediately after the high court had dismissed his anticipatory bail plea in both CBI and ED cases on May 20, the senior Congress leader had moved the apex court in the post lunch session and his matter was listed for hearing on August 21.
While attempts were being made to get his petition listed for hearing on Wednesday, an order was passed that the matter will be heard on August 23. Chidambaram was arrested on late evening of August 21.
Sibal narrated the sequence of events from August 20 to August 21, and said “the whole purpose of the CBI was to defeat the fundamental rights of my client, (Chidambaram) and his liberty guaranteed under the Constitution. He should have been heard but the matter was listed for hearing on Friday and not even Thursday”.
However, the bench said on that ground Chidambaram’s plea against the high court decision cannot be entertained.
“So far as the CBI case is concerned, we are not inclined to hear it. We dismiss the special leave petition (of Chidambaram) in CBI case,” the bench said.
It said the senior Congress leader can challenge the dismissal of his anticipatory bail in the CBI case on different grounds.
At present the apex court bench is hearing issues relating to the money laundering case lodged by the ED in connection with the INX media scam in which Chidambaram was granted protection from arrest till today.
The CBI had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram’s tenure as the finance minister.
Thereafter, the ED lodged a money laundering case against him in 2017.
While arguing Chidambaram’s plea in the ED case, Sibal said that fair trial and fair investigation are part of Article 21 and the court must protect the fundamental right of liberty of Chidambaram.
Sibal strongly objected to Solicitor General Tushar Mehta’s argument to place on record certain documents in sealed cover for the perusal of the bench.
He said Chidambaram was examined thrice by the ED on December 19, 2018, January 1, 2019 and January 21, 2019 but the questions related to the allegations levelled by the ED against him were not put to him.
Regarding the FIPB approval, Sibal said that the FIPB consists of six secretaries of the government of india and after both had given this approval, Chidambaram had only signed it being the then minister of finance.
He argued that the ED has alleged the use of shell companies in the matter but no such firm is directly or indirectly connected to Chidambaram.
He also said that Chidambaram was not named in the ED’s FIR and no allegations were levelled against him in the FIR.
The arguments in the matter will continue in the post lunch session.
Also read: Not just Chidambaram, other Congress leaders including Sonia, Rahul face charges too
Another one who has problems with simple logic. Sirji there are only two main parties in India. Congress and BJP. So in simple English (which you seem to have problems with), when you call Congress the mother of all corruption, then it implies that all the corruption is due to the Congress. And by implication the BJP is pure simply because Congress has the monopoly.
Kapil Sibal is worried about the fundamental rights of his client. What about the rights of the people of India who had given the responsibility to the minister to take their country forward and no corruption.
It was brilliant. Let him be in jail for few months and give him a good third degree. He will spill all the beans and it will be easier for ED to track mothers. Congress is the mother of all corruption.
You have such a simple and touching view of life.
Congress corrupt. BJP honest. Black and White.
Which world of fantasy do you live in?
Where did you he say BJP is honest.
I agree with his contention that Congress is the mother of all corruption and it has been proven several times. If you are a person who pretends to sleep, so be it, you cannot be woken up.