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INX Media case: Supreme court junks CBI’s plea against order on inspection of documents
While dismissing an appeal by CBI against an order allowing a set of accused in the INX Media corruption case, including Congress members of parliament P Chidambaram, the Supreme Court observed, “prosecution cannot mean persecution”
“Prosecution cannot mean persecution,” the Supreme Court observed on Tuesday as it dismissed an appeal by the Central Bureau of Investigation (CBI) against an order allowing a set of accused in the INX Media corruption case, including Congress members of parliament P Chidambaram and his son Karti, to inspect certain documents reportedly relied upon by the agency in its probe.
“This is an order in furtherance of justice. It’s only an inspection. We don’t think there is anything wrong with this order,” said a bench of justices BR Gavai and JB Pardiwala, rejecting CBI’s plea.
The bench did not find favour with CBI’s contention that allowing the inspection of documents may result in the weakening of the prosecution’s case by providing to the accused unwarranted information.
Additional solicitor general SV Raju, representing CBI, argued that it would set a bad precedent to allow inspection of a plethora of documents to the accused, which may not only put some witnesses in the harm’s way but would also give the accused access to some information which has not even been relied upon by the agency.
The bench, however, pointed out that the charge sheet in the case has already been filed pursuant to the completion of investigation. Further, the top court noticed from a Delhi trial court’s order in March 2021 that the permission to conduct inspection was granted not in respect of those documents in relation to which the investigation by the agency was still pending. In its order, the trial court had allowed inspection of documents kept in ‘Malkhana’ (room keeping case properties) by the accused and their counsel.
In November 2021, the Delhi high court declined to interfere with the trial court order of March 2021, holding that “the apprehension of the CBI that inspection would hinder in the further investigation is wholly unwarranted”. At that time, the high court added that even the CBI manual provided for inspection of documents as per a prescribed procedure.
The investigating agency opposed the inspection of documents on the grounds that the probe in the INX media case, in which the Chidambarams are accused, is still ongoing, and that it may result in evidence tampering. In its plea before the high court, CBI added that the INX Media case involved high level of corruption with wide ramifications on society, and while the accused have a right to a fair trial, the collective interest of society could not be impinged. The agency further contended that out of 14 accused, only Karti had made the prayer to inspect documents, but the trial court erroneously allowed all the accused to inspect them.
The agency had registered its case on 15 May 2017, alleging irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to INX Media group for receiving overseas funds of ₹305 crore in 2007 during the senior Chidambaram’s tenure as the Union finance minister. Thereafter, the Enforcement Directorate followed the suit by lodging a money laundering case. The Chidambarams are on bail in the case.
