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INX Media Case Highlights- ‘Can’t be one-way street’: Kapil Sibal on ED probe against Chidambaram

P Chidambaram Arrest Highlights:The Supreme Court on Monday rejected former union minister P Chidambaram’s plea seeking pre-arrest bail, which was filed on Wednesday, in the INX Media case.

By HT Correspondent | Aug 27, 2019 11:05 IST

The Supreme Court on Monday rejected former union minister P Chidambaram’s plea seeking pre-arrest bail, which was filed on Wednesday, in the INX Media case.

“Since petitioner has been arrested on August 21 in view of the judgement of the constitution bench of 1980 the SLP has become infructuous. It has been dismissed,” the court said.

In the case lodged by the Enforcement Directorate, Chidambaram had been granted protection from arrest till Monday. The court has sought replies from ED and asked for details on all the matters relating to the case to be listed in the court on the day of hearing.

Chidambaram was arrested by the CBI on August 21 and was produced before a trial court on August 22, which remanded him to four-day CBI custody till August 26.

Here are the highlights:

4:06 pm IST

P Chidambaram brought to Rouse Avenue Court from CBI headquarters

P Chidambaram brought to Rouse Avenue Court from the Central Bureau of Investigation (CBI) headquarters.:ANI

3:58 pm IST

Chidambaram’s protection from arrest extended, hearing to continue tomorrow

Supreme Court says earlier protection granted from arrest to Congress leader P Chidambaram in ED case shall continue till tomorrow. SC to continue hearing arguments on anticipatory bail plea of P Chidambaram tomorrow.

3:40 pm IST

Sibal denies ED allegations that Chidambaram will tamper with evidence

Kapil Sibal denies ED allegations that Chidambaram will tamper with evidence or influence witnesses.

“ED should have questioned Chidambaram on the allegations of tampering with evidence. Tampering can easily be proved in the court of law,” Sibal said.

3:20 pm IST

Sibal denies Chidambaram’s link to transactions alleged by ED

Kapil Sibal denies Chidambaram’s link to the transactions alleged by Enforcement Directorate.

Sibal told the court that chargesheet in the CBI case against Chidambaram is ready and approved. Sanction for his prosecution has also been obtained, he said.

3:00 pm IST

‘Can’t be one-way street’: Sibal on ED probe against Chidambaram

Kapil Sibal, appearing for former finance minister P Chidambaram, argued that the ED should have first investigated, found out and then sought custody. It cannot be a one-way street in the process of investigation.

“The question here is what process should be followed for custodial interrogation,” he said.

1:24 pm IST

ED requests SC to go through documents

The ED asked the judges to go through the documents during lunch. However, the judges said that since an objection has been raised, the court will consider the request later.

1:20 pm IST

‘I am not named in the complaint’: Chidambaram

Arguing for Chidambaram, Kapil Sibal said, “I am not named in the complaint, there is no allegation against me in the complaint and yet now they say the entire money laundered and parked in shell companies belongs to me.”

1:10 pm IST

Attempt to hand over documents in sealed cover to sensationalise the case should be deprecated: Sibal

Kabil Sibal told the court that ED had made the allegation regarding the Will even in it’s attachment order in 2018 and yet Chidambaram was never confronted.

“Attempt to hand over documents in a sealed cover and to sensationalise the case should be deprecated,” he said.

He said that remand is sought when an accused is not responding. In this case, these are all documents, the petitioner cannot tell about bank accounts, these are documentary evidence, and that the custody of the person is not needed.

12:56 pm IST

ED must tell when were shell companies discovered: Sibal

Sibal argues in the court that the ED must tell court when the shell companies were discovered as it can’t be that they discovered it on August 21, after all they have been investigating for more than two years.

“What prevented ED from calling Chidambaram and confronting him with these accounts,” Sibal asks.

Sibal told the court that even when in custody, during the 26 hours of examination, CBI did not ask Chidambaram even a single question related to the alleged transaction.

The only question asked was if he has an account with Couts Bank (royal British bank) and if he has a Twitter account, he said.

12:50 pm IST

Chidambaram only examined once in CBI case: Sibal

Sibal argues that in the last five days in the predicate offence these documents have not been put to him, and that everything is being said orally. Let them show one bank account in which Chidambaram’s name is there.

“The so called will in the favour of grand daughter has been in public since 2016 and he has never been confronted with it, never on those three dates,” he said.

In connection with the CBI case he was examined just once, in June 2018 and he was then never asked about the so called documents and still remand is given, he added.

12:41 pm IST

Let this court call for transcripts: Sibal

Sibal said that fair investigation and fair trial are part of Article 21 (liberty).

“To handover documents in a sealed cover is entirely inconsistent to the fundamental right. Procedure followed to submit documents in court must pass the test of reasonableness.

CBI case was filed in May 2017. ED filed it’s case three days after the CBI. Chidambaram was examined thrice. In December 19, 2018 Jan 1, 2019 and Jan 21, 2019 and was never summoned thereafter. If documents were available with them prior to December 2018, they should have put those documents to me and if after January 21, 2019 then they should have issued summons and confronted me with them,” Sibal tells the court.

Sibal said the transcript of these three dates must be looked at. “The only case of ED is he is being evasive, let this court call for the transcripts.”

12:36 pm IST

Case diaries cannot be evidence: Sibal

Sibal said, “the ED leaked out documents to the press just like the affidavit was leaked yesterday.”

Kapil Sibal asked that under what procedure can ED hand over documents to the court.

“Case diaries cannot be evidence. What cannot be used as evidence it cannot be read in any manner against him,” he told the court.

12:21 pm IST

Sibal opposes to documents in sealed cover

P Chidambaram’s lawyer Kapil Sibal objects to documents being handed over in sealed cover says mandatory requirement under the law is to maintain a case diary.

“Case diary is not an evidence in the case but to aid investigation. In this case, ED is relying upon it’s case diary as evidence. According to me can’t me looked at”, Sibal argues.

12:20 pm IST

Solicitor General hands over ED affidavit to court

Solicitor General Tushar Mehta hands over the Enforcement Directorate affidavit filed on Monday morning to the court. Urges the court to go through the case papers in sealed cover. Judge says during the lunch break it would look into the sealed cover documents

12:18 pm IST

SC dismisses Chidambaram’s plea for pre-arrest bail in CBI case

The Supreme Court said the court is not inclined to hear the appeal challenging Delhi high court order denying Chidambaram’s anticipatory bail in the CBI case.

“Since the petitioner has been arrested on August 21, in view of the judgement of the constitution bench of 1980 the SLP has become infructuous. It has been dismissed.

Both parties are open to resort to legal remedy,” the judge said.

12:11 pm IST

Rushed to SC with rocket speed, says Singhvi

“When the appeal was filed prosecution had no right to act that renders my legal right infructuous,” said Singhvi appearing for Congress leader P Chidambaram.

“It was not my fault...I rushed to the court with rocket speed. It’s for CBI to have held it’s hands and not render my legal right infructuous,” he added.

12:08 pm IST

Petition has become infructuous, says SC

We cannot treat the petition as a regular bail. So far as the CBI is concerned we feel the petition has become infructuous, the Supreme Court said.

Chidambaram’s petition against remand cannot be taken until CJI’s order is not there. We cannot convert the slp challenging the Delhi HC order. You may have grounds but for that you file a fresh petition, the Supreme Court told.

12:05 pm IST

Filed anticipatory bail plea before arrest: Sibal

As the Supreme Court judge said the plea in CBI case is infructuous, Kapil Sibal insisted that the Chidambaram’s appeal be heard since he filed the plea for anticipatory bail before the Congress leader was arrested on evening of August 21.

“The appeal was mentioned before a judge who asked the matter to be placed before CJI for urgent hearing and not listing,” he said.

“This is the right under article 21. I am entitled to anticipatory bail. I should have been heard. Registry put the matter for Friday, not even Thursday,” he added.

11:59 am IST

Hearing begins in SC

Hearing of Chidambaram’s appeal in CBI case has begun in the Supreme Court.

9:12 am IST

Chidambaram’s plea in Supreme Court today

Former finance minister P Chidambaram’s was arrested by the CBI on August 21 and the next day a special court in Delhi remanded him to four-day CBI custody till August 26.

The Supreme Court will today hear the Congress leader’s plea challenging the Delhi high court’s order that denied him anticipatory bail in the INX media case.