SC to pronounce verdict on Chidambaram’s plea for pre-arrest bail on September 5

Tribune News Service
New Delhi, August 29

Advertisement

The Supreme Court on Thursday reserved its order on senior Congress leader and former Finance Minister P Chidambaram’s petition for pre-arrest bail in a money laundering case relating to INX Media scam.

A Bench headed by Justice R Banumathi said it will pronounce the verdict on September 5.

It said the protection from arrest given to Chidambaram will continue till September 5.

He has challenged the August 20 verdict of the Delhi High Court denying him anticipatory bail in the INX Media corruption and money laundering cases lodged by the CBI and ED.

The Bench said Chidambaram’s petition challenging CBI remand in the corruption case relating to INX Media scam will come up for hearing on Monday.

The Bench asked the ED to submit documents it wanted in a sealed cover. It said whether it would open it or not would depend on what decision it takes.

On behalf of Chidambaram, senior counsel Kapil Sibal offered that the accused was ready to remain in CBI custody till September 2 when his petition against a Delhi court’s order sending him to CBI’s custody for interrogation would be taken up for hearing.

The Bench, however, didn’t pass any order on Sibal’s request after Solicitor General Tushar Mehta said it was for the CBI Special Court to decide.

On behalf of the Enforcement Directorate, Solicitor General Tushar Mehta opposed Chidambaram’s petition for pre-arrest bail in money laundering case and his insistence on being shown the material collected against him.

He said such material can’t be shared with the accused at this stage as evidence relating to layers of money trail might be erased.

“This is a classic case where the prosecuting agency is asking the court to allow it to interrogate the accused on the basis of material collected. But the accused is insisting that he can’t be interrogated unless the material is first shown to him. He wants to us to expose evidence, witnesses and everything before he is interrogated. This can’t be done.” Mehta told the Bench.

His submissions were contested by Sibal who said, “Sealed cover procedure can’t be used to seal the fate of an accused and take away his liberty.”

Mehta asserted that the probe agency needed to arrest Chidambaram to interrogate him in custody to unearth the larger conspiracy in the money laundering case.

“Money laundering is an offence against the society and the nation and probe agency has a right and duty to unearth the entire conspiracy,” he told the Bench, adding that the apex court has consistently held that economic offences are “gravest of grave” irrespective of the sentence prescribed for it.

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. Later, ED lodged a money laundering case against him in 2017.