New Delhi, August 22
A Delhi court on Thursday sent Congress leader P Chidambaram to CBI custody till August 26 the INX Media case.
Earlier today, the CBI produced Chidambaram before the court and sought his five-day custodial interrogation saying there is a need to unearth a larger conspiracy.
He was produced before Special Judge Ajay Kumar Kuhar where Chidambaram's advocates opposed the CBI plea on the ground that all the other accused, including his son Karti, have already been granted bail in the case.
He will be in CBI custody for five days, it added.
“Considering all facts and circumstances, I am of view that police custody of Chidambaram is justified,” the judge said. Lawyers and family of Chidambaram will be allowed to meet him for half-an-hour every day, the court added.
Besides, Peter and Indrani Mukherjea, also accused in the case, are out on default bail as they are in jail in connection with another matter, Sibal said.
He contended that grant of bail was a rule and the issue before the court was of personal liberty.
Sibal was countering the 5-day custodial interrogation of Chidambaram sought by CBI which said it needs to unearth the larger conspiracy.
Solicitor General (SG) Tushar Mehta, appearing for CBI, told the court that the agency was not extorting confession but it has the right to reach the root of the case.
Besides Sibal, senior advocate Abhishek M Singhvi also appeared for Chidambaram and opposed CBI's plea by saying that the former Union Minister was not a flight risk.
Singhvi said the entire CBI case was based on the statement of Indrani Mukherjea, who has turned approver in the case.
He said Chidambaram cannot answer what CBI wants to hear and added that the agency cannot seek remand on the ground of evasive replies.
He also argued that there was no allegation of tampering of evidence by CBI.
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Singhvi further contended that police remand can only be granted in special circumstances and this was a case where there was no new development.
He said the agency was asking Chidambaram only old questions since his arrest on Wednesday night.
Mehta countered the arguments made on behalf of Chidambaram, saying that everybody was equal before the court.
He said certain facts about the case cannot be narrated in an open court and also opposed the plea that Chidambaram be allowed to argue for himself, saying he has able lawyers representing him.
Mehta, during his initial arguments, said Chidambaram entered into a criminal conspiracy with others in the scam.
Chidambaram was arrested last night after issuance of non-bailable warrant against him.
'Not cooperating in probe'
"He is not cooperating in the investigation," Mehta said, adding that he has been evasive in replies and grave offence was committed.
Mehta said it is a serious and monumental case of money laundering.
He also said Chidambaram's custodial interrogation was necessary to unearth the "quid pro quo and larger conspiracy" and he is required to be confronted with documents.
Opposing CBI's arguments, Sibal contended that what the agency has said should not be taken as "gospel truth".
He said Chidambaram was asked 12 questions and he had already answered six of them previously.
Investigators don't know what to ask and they don't have questions ready with them, Sibal told the court, adding that after his arrest on Wednesday night, Chidambaram was interrogated only on Thursday morning at 11 am.
During the arguments, Chidambaram said he has not slept for last 24 hours.
Sibal further argued that CBI could have written a letter to Chidambaram for producing the documents alleged to be in his possession and the agency cannot say he was evasive during the investigation.
He also contended that what has been stated in the CBI case diary was not the truth and cannot be considered as evidence.
Mehta, during his arguments, placed the Delhi High Court's judgement dismissing Chidambaram's anticipatory bail plea and also referred to the observations made in it.
He said charge sheet has not been filed in the case yet and the case is at pre-charge sheet stage, therefore, "we need material which Chidambaram is holding".
"Effective investigation is possible only in custodial interrogation," he argued.
Mehta contended that serious, active and informed role of the accused is made out and money trail is made out and has to be probed.
Chidambaram's custodial interrogation required to get answer of certain questions for effective probe, he said.
Soon after entering the courtroom, 73-year-old Chidambaram was seen having discussion with his party leaders and senior advocates Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha.
Chidambaram's family members, including his wife Nalini and son Karti, are also in the courtroom along with other senior advocates including Dayan Krishnan.
Heavy security arrangement has been done outside the courtroom.
He was arrested late Wednesday night from his Jor Bagh residence.
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 in this regard in 2018. — PTI
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