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INX media case highlights: Evidence produced in sealed cover is fabricated, says Kapil Sibal

INX Media Case Highlights: P Chidambaram was arrested late on Wednesday night after the Delhi High Court on Tuesday rejected his pre-arrest bail.

By HT Correspondent | Aug 23, 2019 15:24 IST
highlights

Congress leader P Chidambaram’s plea challenging the Delhi High Court verdict dismissing his anticipatory bail plea in the INX Media case was heard on Friday by the Supreme Court.

Chidambaram was arrested late on Wednesday night after the Delhi High Court on Tuesday rejected his pre-arrest bail.

The Supreme Court will now hear P Chidambaram’s appeal against arrest by the CBI on Monday.

Follow highlights here:

1:40 pm IST

Solicitor General has raised a strong objection for granting any interim protection

The Enforcement Directorate case is concerned by the same impugned order petitioner has been denied anticipatory bail. In this regard, the petitioner has submitted he was granted interim protection and was extended till August 20. Submitted petitioner has been cooperating with the agency.

The Solicitor General has raised a strong objection for granting any interim protection in so far as ED case is concerned. Solicitor General says the Enforcement Directorate has collected evidence to show money has been transferred to shell companies and also properties are there in the name of shell companies and so custodial interrogation is necessary for unravelling the truth. The Solicitor General raised a strong objection.

1:35 pm IST

Both SLPs have been listed for Monday

In the order of the High Court dated 20/8/2019, the petitioner has been refused anticipatory bail in CBI case. It’s stated CBI case petitioner has been arrested and remanded to custody.

The Solicitor General suggested since petitioner is arrested, the SLP has become infructuous. Kapil Sibal and Abhishek Singhvi have raised a strong objection stating petitioner was denied opportunity of hearing as against the order refusing the anticipatory bail therefore notwithstanding the arrest they would make arguments. Sibal also submitted the custody order by the trial court which is also subject to challenge. Both SLPs are listed for Monday.

1:01 pm IST

Kapil Sibal says the evidence produced in sealed cover is fabricated

Kapil Sibal says the evidence produced in sealed cover is fabricated. He says the documents have never been put to him.

Judge refuses to take the sealed cover documents of ED today. Says it will take the documents on Monday. Says it does not want the court registry to keep the documents till Monday.

Tushar Mehta says the court must not pass any order without going through the documents

12:55 pm IST

Supreme Court grants interim protection to Chidambaram in ED case till next date of hearing

Supreme Court grants interim protection to Chidambaram in ED case till the next date of hearing. The ED case to be heard on Monday by the Supreme Court. Tushar Mehta says he wants the judges to be prejudiced in this case and asks the court to peruse the case diaries.

12:46 pm IST

A person cannot be in the custody of two agencies: Tushar Mehta tells court

Tushar Mehta argues Enforcement Directorate has prepared the grounds to arrest Chidambaram. He says the ED cannot arrest him till Monday, adding that a person cannot be in the custody of two agencies. It would only be subject to CBI seeking or not seeking remand on Monday. He says now the High Court has vacated the interim protection.

12:44 pm IST

Tushar Mehta says Chidambaram has been evasive and not answering questions

Judge says Chidambaram already had the interim protection in the Enforcement Directorate case and he has met the officials thrice.

Tushar Mehta says Chidambaram has been evasive and not answering questions. He urges the court to examine the evidence adduced so far.

12:43 pm IST

Tushar Mehta says the PMLA law gives ED the power of arrest

Tushar Mehta tells court that there are certain individuals considering their background and level of mental faculties will never divulge the true facts if they are under the protective umbrella of anticipatory bail. Mehta says the PMLA law gives ED the power of arrest.

12:41 pm IST

Tushar Mehta says so far we have been able to find out the money tail in the name of shell companies

Tushar Mehta says so far we have been able to find out the money tail in the name of these shell companies which are found to be created by individuals connected with the accused

Ten immovable properties in other countries and 17 bank accounts in other countries..we have evidence to show that the people running these companies are closely linked to the accused.

The persons in whose names shell companies are created have executed wills in favour of the accused’s grand daughter and this evidence has been destroyed. We need to confront the accused with these evidence.

12:38 pm IST

Tushar Mehta says at a pre-chargesheet stage investigation agency cannot give complete details of it’s probe

Tushar Mehta says at a pre-chargesheet stage investigation agency cannot give complete details of it’s probe but provided broad categorisation of the evidence.

Mehta says evidence is in the electronic form. Searches were conducted and emails were scanned. FIBP approval was signed by him. The money travelled through money laundering. Email exchanges recovered need to be confronted with the accused.

Illegitimate money is never received in the accused account. There were shell companies created by people who during investigation were found to be closely linked to Chidambaram. Shell companies are not only operating in India but are created abroad. I am saying this on the basis of original documents that I have and can place it before this court.

12:34 pm IST

ED tells Supreme Court it needs Chidambaram’s custody for interrogation

ED tells Supreme Court it needs Chidambaram’s custody for interrogation; justifies the claim on the basis of High Court order, says HC called him the kingpin. HC judge had concluded that gravity of the offence committed by the petitioner demands denial of pre-arrest bail.

12:32 pm IST

Tushar Mehta reasons out why ED needs Chidambaram’s custodial interrogation

Tushar Mehta says the court here is dealing with an offence against the finance minister who granted FIBP approval to a company called INX media, controlled by Peter and Indrani mukherjea.. CBI has a statement of Indrani that is the predicate offence. ED proceedings on money laundering started after this predicate offence was made out.

Mehta reads out 21 paragraph of the High Court verdict and reasons out why ED needs Chidambaram’s custodial interrogation.

12:28 pm IST

In an anticipatory bail matter the judge has recommended to Parliament to do away with anticipatory bail in high profile cheating cases: Singhvi

Abhishek Singhvi says in an anticipatory bail matter the judge has recommended to the Parliament to do away with anticipatory bail in high profile cheating cases. Now bail would be based on the profile of an accused, Singhvi submits.

12:25 pm IST

No material was put on record by the ED and yet the judge refers to so called material, Kapil Sibal claims

No material was put on record by the ED and yet the judge refers to so called material, Kapil Sibal claims. He says the adjectives and words in the judgement are similar to the ones used in ED note.

12:24 pm IST

Paragraphs 12 to 20 of the judgement are copy pasted from the ED note, without any evidence: Sibal alleges

Kapil Sibal says the High Court judge has copy pasted paragraphs from the ED’s written note in his judgment denying pre-arrest bail to Chidambaram.

Paragraphs 12 to 20 of the judgement are copy pasted from the ED note, without any evidence, SIbal alleges. ED note was an unverified one. He says no affidavit was filed, never given a chance to reply to the note, and the note becomes a basis of the judgement to refuse bail. He says the judgement is a final conviction.

12:21 pm IST

Kapil Sibal starts his argument in the ED case

Kapil Sibal says Chidambaram was given interim protection by the High Court on July 24 last year in the ED case. He points out how the central government counsel sought more time to file reply to Chidambaram’s petition. He says till date no afford was filed by the ED and the matter has been disposed of without an affidavit. Judgement was reserved in January and after arguments are over ED hands over a written note to the judge.

12:19 pm IST

Supreme Court orders listing of Chidambaram’s anticipatory bail petition on Monday

The Supreme Court orders listing of Chidambaram’s anticipatory bail petition (in the CBI case) along with his appeal against the trial court order granting remand on Monday.

12:18 pm IST

Judge says as far as the CBI case is concerned it will hear both the matters on Monday

I can understand if I had not moved the court ..but I have come to this court in time, I have not been arrested in time, my right cannot be denied to me: Chidambaram

Judge says but an order of arrest has been passed and a remand has been given.

Kapil Sibal says we have filed a Special Leave Petition (SLP) against the trial court order. SLP is numbered.

Judge says as far as the CBI case is concerned it will hear both the matters on Monday (the anticipatory bail petition in the CBI order and the SLP against the lower court order).

Judge insists that she will hear the appeal against ED. Solicitor requests the matter to be listed on Monday but the judge says it shall be heard today.

12:16 pm IST

Petition is cured of its defects: Kapil Sibal

We come to the Supreme Court, request for an early hearing. We are told to move the senior most judge the next day. We prepare the petition overnight. A notice is pasted at 12 in the night asking me to appear before CBI for two hours, there is no provision for such a notice.

I get my SLP numbered.. petition is cured of its defects ..we seek a hearing at 2 pm..meantime the matter gets listed on Friday. When I go back I am arrested.

I have a right to be heard.. matter of liberty . Cannot be frustrated. We have seen day in and day out orders being passed by this court on oral hearing: Kapil Sibal

12:14 pm IST

Kapil Sibal says the petition raises the issue of his fundamental right to liberty

Kapil Sibal says the petition raises the issue of his fundamental right to liberty. Delhi High Court gives order after seven months at 3:20 on Wednesday. Says we move an application asking for time. At 4 pm the application is rejected.

12:13 pm IST

Solicitor General says no question of anticipatory bail as the person is in custody.

Solicitor General says no question of anticipatory bail as the person is in custody.

12:10 pm IST

Supreme Court starts hearing Chidambaram’s bail plea

Supreme Court starts hearing Chidambaram’s bail plea.

12:05 pm IST

Delhi High Court order has two sides, related to the ED and the CBI: Singhvi

“The Delhi High Court order has two sides, related to the ED and the CBI. He might have been arrested by the CBI, but we will still seek interim protection from Enforcement Directorate and try to set aside the Delhi High Court order that refused to grant Chidambaram anticipatory bail,” said Abhishek Singhvi.

11:49 am IST

A significant reason why Abhishek Singhvi and Kapil Sibal want interim protection from ED

There is a significant reason why Singhvi and Sibal want interim protection from ED. According to people familiar with the matter, they want to thwart the possibility of Chidambaram being picked up by ED even when he is granted bail in the CBI case.

11:36 am IST

Chidambaram was arrested on Wednesday night after Delhi HC on Tuesday rejected his pre-arrest bail

Chidambaram was arrested late on Wednesday night after the Delhi High Court on Tuesday rejected his pre-arrest bail. His legal team desperately sought to have the Supreme Court hear the matter on Tuesday and Wednesday but failed. Chidambaram then made an appearance at the Congress HQ and made a statement. He was arrested by CBI shortly after. The Enforcement Directorate is yet to arrest him.

11:27 am IST

Agency alleges Indrani Mukerjea and Peter Mukerje made a payment of $5 million and $450,000 to Chidambaram in 2007-08 and 2008-09

The agency alleges that the former directors of INX Media, Indrani Mukerjea and Peter Mukerjea, made a payment of $5 million and $450,000 to Chidambaram in 2007-08 and 2008-09, allegedly for giving the FIPB approval.

11:08 am IST

INX Media case relates to alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the media group

The INX Media case relates to alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the media group for foreign investment to the tune of Rs 305 crore in 2007, when Chidambaram was finance minister.

10:33 am IST

A special court had on given CBI the custody of Chidambaram till August 26

A special court had on Thursday given the Central Bureau of Investigation the custody of Chidambaram till August 26 so that it can interrogate him over the INX Media case.

10:23 am IST

Kapil Sibal and Abhishek Manu Singhvi will appear for Chidambaram in Supreme Court

Senior lawyers and Congress members Kapil Sibal and Abhishek Manu Singhvi will appear for Chidambaram in the Supreme Court.

10:10 am IST

On Friday, the court is expected to hear a special leave petition

On Friday, the court is expected to hear a special leave petition—filed before he was arrested-- in which Chidambaram had contested the high court’s decision to reject pre-arrest bail on grounds that there was no allegation that the petitioner is likely to flee justice, influence witnesses or tamper with the evidence.

9:57 am IST

P Chidambaram was arrested late on Wednesday night

P Chidambaram was arrested late on Wednesday night after the Delhi High Court on Tuesday rejected his pre-arrest bail.

9:42 am IST

P Chidambaram’s bail plea in Supreme Court today

The Supreme Court is on Friday expected to hear a petition filed by former Union minister P Chidambaram seeking interim protection from arrest by Enforcement Directorate and to set aside the Delhi High Court order that refused to grant him anticipatory bail in INX media case.