The Delhi High Court on August 20 rejected former union minister P Chidambaram’s anticipatory bail plea in the corruption and money laundering cases related to the INX Media scandal.
Justice Sunil Gaur, who delivered the judgement, had reserved the decision on January 25.
Denying further protection from arrest to Chidambaram, Justice Sunil Gaur said that his status as a Member of Parliament (MP) and as a legal professional does not affect the case.
The High Court observed that prima facie, Chidambaram appears to be the kingpin, according to News18. The court also said that Chidambaram has been evasive in his replies.
"Magnitude and enormity of material produced disentitle him from any pre-arrest bail," the HC said.
According to reports, Chidambaram is likely to move the Supreme Court of India (SC) against the High Court's order.
During the arguments, both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) had opposed Chidambaram's plea on the ground that his custodial interrogation was required as he was evasive during questioning.
Both the probe agencies had contended that during Chidambaram's tenure as finance minister, Foreign Investment Promotion Board (FIPB) clearance was granted to the media group for receiving overseas funds of Rs 305 crore in 2007.
The ED contended that the companies in which money was transferred are directly or indirectly controlled by Chidambaram's son, Karti, and they have a reason to believe that the FIPB approval was granted to INX Media on his son's intervention.
The high court had on July 25, 2018 granted interim protection from arrest to Chidambaram in both the cases and it was extended from time to time.
The senior Congress leader's role had come under the scanner of various investigating agencies in the Rs 3,500-crore Aircel-Maxis deal and the INX Media case involving Rs 305 crore.
This LIVE blog session has ended. Follow our other LIVE blog for the latest updates related to the INX Media case here
HC calls Chidambaram 'kingpin' in the case
Holding that Chidambaram's custodial interrogation was required for an effective investigation, the Delhi High Courtsaid "simply because he is a Member of Parliament would not justify grant of pre-arrest bail to him." Chidambaram is a Rajya Sabha MP.
Justice Gaur said the court cannot permit the prosecution in this "sensitive case to end up in smoke like it has happened in some other high profile cases."
"Facts of the case prima facie reveal that petitioner(Chidambaram) is the king pin, that is, the key conspirator in this case. Law enforcing agencies cannot be made ineffective by putting legal obstacles of offences in question," the judge said in his 24-page judgment that set off a flurry of activity by top lawyer-turned politicians from the Congress to pre-empt any coercive action by the investigative agencies. (PTI)
Justice Sunil Gaur to retire in 48 hours
| Justice Sunil Gaur who passed the ordered to dismiss the anticipatory bail pleas is set to retire in 48 hours. He was the one who had reserved the decision in the matter on January 25 earlier this year. (News18)
Here is a brief timeline of the events in the INX Media case
January 25, 2019:Delhi HC reserved its judgment on P Chidambaram's anticipatory bail in both the cases.
Aug 1, 2019:ED asked Karti to vacate the Jor Bagh residence in New Delhi, a property which the agency had attached earlier.
August 20, 2019:Delhi HC dismissed the anticipatory bail pleas, also declining Chidambaram's request to stay the order for three days in order to enable him to move an appeal in the SC.
Here is a brief timeline of the events in the INX Media case:
July 23, 2018:He moved the Delhi HC for anticipatory bail in the money laundering caselodged by the ED.
July 25, 2018:The High Court granted P Chidambaram interim protection from arrest in both the cases.
Oct 11, 2018:The ED attached Karti Chidambaram'sassets worth Rs 54 crore in India, the UK and Spain, in connection with the INX Media money laundering case.
Here is a brief timeline of the events in the INX Media case:
May 15, 2017: Alleging irregularities in the Foreign Investment and Promotion Board (FIPB) clearance to the group while receiving overseas funds of Rs 305 crore in 2007, the CBI registered an FIR in the INX media case.
October 9, 2017:P Chidambaram told the Supreme Court that the BJP-led government has been carrying a "politically-motivated vendetta" against him and his son Karti Chidambaram.
2018:The ED lodged a money laundering case in this regard. The CBI summoned Chidambaram for questioning.
Anand Sharma, Congress:
Chidambaram has sought appeal in SC tomorrow... his bail was rejected today but what's the urgency that ED and CBI are haunting him tonight? What's happening today is not good for democracy. (News18)
Later, they went to a consultation room and were joined by other senior advocates and party colleagues, Abhishek Manu Singhvi and Salman Khurshid.
Senior advocate Dayan Krishnan, who had appeared for Chidambaram in the High Court on August 20, also joined them later.
After hectic parleys, Sibal said he has been informed by an apex court official to mention the petition on August 21at 10:30 am before an appropriate bench.
He said that as Chief Justice Ranjan Gogoi will be sitting in the Constitution bench for hearing the Ayodhya case, the petition is to be mentioned before the senior-most judge, who is not on the Constitution bench.
(post 2/2)
– PTI
INX case: Chidambaram fails to get urgent audience in SC against Delhi HC order
Congress leader P Chidambaram, facing threat of arrest in the INX media scam, failed to get an audience from Chief Justice Ranjan Gogoi on August 20for urgent hearing of his appeal in the Supreme Court against the Delhi High Court order dismissing his anticipatory bail plea.
A team of lawyers led by senior advocate and Chidambaram's party colleague Kapil Sibal was told by Registrar (Judicial) to mention the petition on the morning of August 21in the apex court.
Sibal was the first senior advocate to reach the apex court to meet Chidambaram and the two were seen rushing from one corridor to another to meet officials including the secretary general and CJI's staff for having word with Justice Gogoi.
(Post 1/2)
– PTI
What the Delhi High Court held on August 20:
Congress leader P Chidambaram suffered a major setback on August 20 as the Delhi High Court dismissed his anticipatory bail in the INX Media scam, paving way for the investigating agencies, CBI and ED, to arrest him.
The High Court held that he was "prima facie the kingpin" in the INX Media corruption and money laundering cases and "simply because he is a Member of Parliament would not justify grant of pre-arrest bail to him".
"Facts of the case prima facie reveal that petitioner is the kingpin, that is, the key conspirator in this case. Law enforcing agencies cannot be made ineffective by putting legal obstacles in the offences in question," the judge said.
The High Court said this was a "classic case of money laundering" and the twin facts which have weighed to deny pre-arrest bail to him are "gravity" of the offence and "evasive" replies given by him to questions put to him while he was under protective cover extended to him by this court.
–PTI
What has happened today:
# Delhi HC rejects former finance minister P Chidambaram'sbail plea in the INX Media case
# Chidambaram moves Supreme Court against the Delhi High Court's order
# Chidambaram leaves the top court
# Six-member CBI team reaches Chidambaram's house at Jor Bagh in New Delhi
# CBI team leaves Chidambaram's residence
# ED team arrives at Chidambaram's house
Congress leader Abhishek Manu Singhvi
to CNN News18: Chidambaram was with me in my chamber till 06:30 pm.
Congress leader Abhishek Manu Singhvi t
o CNN News18: We are appealing tomorrow. The timing of rejecting the bail order is worth seeing. The judge had reserved the order seven months before. Using adjectives such as 'kingpin' is an allegation.
Abhishek Manu Singhvi
Congress leader to CNN News18: He (P Chidambaram) is not a proclaimed offender.He has attended all summons. There is no arrest warrant against him.
Mahesh Jethmalani
Senior advocate , who fought against P Chidambaram in the case, told CNN News18:I am sure P Chidambaram is not on the run. He is not available. CBI has every right to arrest him.
JUST IN |
A team of the Enforcement Directorate (ED) has also reached the residence of former finance minister P Chidambaramin New Delhi.
JUST IN |
A six-member team of the Central Bureau of Investigation (CBI) has reached former Finance Minister P Chidambaram’s residence in New Delhi. The team reportedly left since Chidambaram was not present at his residence.
Chidambaram had then discussed the situation with senior advocate and fellow Congressman, Kapil Sibal, PTI has reported.
Media reports also suggested thatChidambaram is likely to move the Supreme Courtagainst the High Court's order.
Earlier, the Delhi High Court had rejected Chidambaram’s anticipatory bail plea in the corruption and money laundering cases related to the INX media scandal.
Minutes after denying his anticipatory bail plea, the Delhi HC had also declined interim protection from arrest to Chidambaram.
– PTI
INX Media Case: Delhi High Court rejects P Chidambaram’s anticipatory bail plea
The Delhi High Court on August 20 rejected former financeminister P Chidambaram’s anticipatory bail plea in the corruption and money laundering cases related to the INX Media scandal.
The High Court observed that prima facie, Chidambaram appears to be the kingpin, according to News18. The court also said that Chidambaram has been evasive in his replies.
This blog will bring you LIVE updates on the latest developments in the case.