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P Chidambaram’s CBI custody extended, SC to hear challenge today
His lawyers made two unusual requests in the Supreme Court on Monday: that he be placed under house arrest; or that he continue to stay in the custody of CBI.
Former Union minister P Chidambaram won a partial reprieve from the Supreme Court in the INX Media case and avoided the prospect of being sent to the Capital’s Tihar jail immediately.
His lawyers made two unusual requests in the Supreme Court on Monday: that he be placed under house arrest; or that he continue to stay in the custody of CBI. The federal investigative agency’s custody of the 73-year old former finance and home minister ended on Monday and his lawyers feared he would be sent to Tihar.
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Senior advocate Kapil Sibal, representing Chidambaram, told a bench led by justice R Banumathi that his petition against CBI’s remand would become infructuous if the trial court sent the former minister to Tihar jail.
Sibal impressed on the top court that Chidambaram couldn’t be sent to Tihar jail at his age. He will turn 74 later this month. “Justice has to be done at some level,” Sibal pleaded.
Chidambaram was arrested on August 21 by CBI after the Supreme Court didn’t accept his request to urgently hear his petition for anticipatory bail in the INX Media case. By the time the top court came around to taking it up, Chidambaram was already in custody and the petition was deemed infructuous.
At one point, when justice Banumathi indicated that the court would hear the petition on September 5, when the bench rules on Chidambaram’s petition for anticipatory bail in the Enforcement Directorate’s case (also concerning INX Media) , Sibal made another pitch. “All I want is house arrest for the moment… ,” he argued.
Additional solicitor general KM Natraj opposed the request for house arrest, underscoring that there is no provision for a house arrest in law. He also questioned the assumption that Chidambaram would be sent to Tihar jail on Monday and said CBI could seek further custody.
In her order, justice Banumathi noted that Chidambaram has been in police custody for 12 days and not been sent to judicial custody. She initially ordered Chidambaram to approach the court concerned but later, on Sibal’s repeated requests, left the window of opportunity open for him. She ruled that Chidambaram could approach the lower court for interim bail. If this petition is rejected, the court should extend his CBI custody for three days till the next date of hearing, she added.
Solicitor general Tushar Mehta later urged the court to revisit its order. “Today’s order effectively states that Chidambaram is to be released on bail.... We’ll (CBI will ) seek custody until tomorrow,” he said, adding that the top court could take up Chidambaram’s petition tomorrow. The court then agreed to hear Chidambaram’s petition on Tuesday.
The INX Media case relates to alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to the media group for receiving foreign investment to the tune of ₹305 crore in 2007, when Chidambaram was finance minister. CBI registered a first information report on May 15, 2017, alleging irregularities in the manner the clearance had been awarded.
Later in the day, a CBI court in Delhi extended the Central Bureau of Investigation (CBI) remand of former Finance Minister P Chidambaram by a day in the INX Media case.
Special judge Ajay Kumar Kuhar also sought the response of CBI to the interim bail application moved by Chidambaram and listed the matter for Tuesday.
Heated exchanges were witnessed in the court even before the judge could decide on the remand application moved by CBI seeking three days custody for the senior Congress leader.
Appearing for CBI, the Solicitor General (SG) contended that the apex court had given it the liberty to seek Chidambaram’s custody and so the agency is seeking the custody of the former Union Minister for another day since the defence is opposed to him being sent to judicial custody.
Meanwhile, another CBI court reserved its order on the anticipatory bail pleas of Chidambaram and his son Karti in the Aircel-Maxis cases lodged by CBI and ED.
