INX Media: Chidambaram Issued Notice by CBI, SC to Hear Plea Today

Justice Sunil Gaur denied relief to Congress leader P Chidambaram in the money laundering case.

The Delhi High Court on Tuesday dismissed the anticipatory bail plea of P Chidambaram in the INX Media scandal.

(Photo: PTI)

The Central Bureau of Investigation (CBI) had put up a notice outside the residence of P Chidambaram late on Tuesday night, 20 August, to appear before them in the next two hours.

Following CBI’s notice, Arshdeep Singh Khurana, Chidambaram’s lawyer requested CBI to not take any coercive action and wait till the Supreme Court hearing at 10:30 AM on Wednesday, 21 August.

“He has been permitted by SC to mention the urgent Special Leave Petition against the order before Court at 10:30 am today. I, therefore, request you not to take any coercive action against my client till then&await the hearing at 10:30 am.”

Arshdeep Singh Khurana, lawyer of P Chidambaram

What Happened?

On the 20 August, Delhi High Court had dismissed the former Finance Minister’s anticipatory bail pleas in connection with INX Media case.

A team of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) officials on Tuesday, 20 August, had arrived at the residence of former Finance Minister and senior Congress leader P Chidambaram in New Delhi after his anticipatory bail plea was rejected.

The CBI and ED teams reached the former Finance Minister's residence one after the other, but could not meet him as he was reportedly not at home.

The CBI team reached Chidambaram’s residence around 6:30 pm and left ten minutes later as he was not at his residence, IANS reported.

The ED team then arrived at the senior Congress leader's residence around 7:30 pm.

HC Says ‘Classic Case of Money Laundering’

Earlier in the day, the Delhi High Court refused to grant Chidambaram anticipatory bail, saying he seems to be the "kingpin" and "key conspirator" in the INX media case of money laundering and he needs to be interrogated in custody for the investigation to be effective.

Chidambaram also failed to get any immediate relief from the Supreme Court which was approached shortly after the high court cancelled the interim protection from arrest, paving the way for the investigating agencies to apprehend him.

“Granting bail in cases like the instant one will send a wrong message to the society,” said Justice Sunil Gaur, who is due to retire on Thursday.

Chidambaram, according to PTI, was asked to mention in the Supreme Court on Wednesday his appeal for urgent hearing against the HC order, which dismissed his anticipatory bail plea in the corruption and money laundering cases related to the INX Media scam.

Rejection of his anticipatory bail plea opens up the possibility of arrest of the Congress leader.

Senior advocate Kapil Sibal 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 at 10:30 am before the senior-most judge, who is not on the Constitution bench.

Chidambaram Approaches SC

Chidambaram and a battery of his lawyers were in hectic discussions after the Delhi High Court dismissed his anticipatory bail plea in the INX media scam.

Senior advocates Sibal, Abhishek Manu Singhvi and Salman Khurshid rushed to the apex court following the high court order. Senior advocate Dayan Krishnan, who was arguing the case, also joined the discussions.

Sibal said the team is yet to get copy of the Delhi High Court judgment.

He was asked by a Supreme Court official to place Chidambaram's petition before Registrar (judicial) who will take call on putting it before the Chief Justice of India.

Sibal met Registrar (judicial) Surya Pratap Singh and explained to him the situation and explored as to what could be done.

Sibal has been asked by an SC official to place Chidambaram's petition before Registrar (judicial) who will take a call for putting it before CJI, PTI reported.

The development came minutes after the High Court declined interim protection from arrest to Chidambaram for approaching the Supreme Court.

HC Dismisses Both Petitions

Justice Sunil Gaur denied relief to Chidambaram. "Both the petitions (in CBI and ED case) are dismissed," said Justice Gaur.

After the court pronounced the order, senior advocate Dayan Krishnan, appearing for Chidambaram, sought stay on the operation of the order for three days, to which the court said that it will consider the request and will pass order on it, PTI reported.

During the arguments, both the CBI and the Enforcement Directorate 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, FIPB clearance was granted to the media group for receiving overseas funds of Rs 305 crore in 2007.

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 25 July, 2018 granted interim protection from arrest to Chidambaram in both the cases and it was extended from time to time.

CBI Action Against Chidambaram ‘Political Vendetta’: Congress

Reacting to the development, Congress senior spokesperson Anand Sharma said,

“We fail to understand what is going to happen in the night. Heavens are not going to open up. Mr Chidambaram is an eminent person and a law abiding citizen. What we have been witnessing in the last few years is selective targeting and politics of vendetta, mainly against the leaders of the opposition.”

He said it is not the Congress leaders alone, as leaders of various non-BJP parties like the Trinamool Congress, RJD, SP, DMK and some others have been targeted.

Sharma said some of the leaders belonging to non-BJP parties like Mukul Roy and Himanta Biswa Sharma, who were being investigated, "the moment they defected and joined the BJP there is not even a whisper".

“So there cannot be double standards, it is so glaring. This is not a good image for this country. Mr Chidambaram has been cooperating and joining the investigation as and when he was required. There has not been an occasion when he has not presented himself, so why this tearing hurry tonight. The government and the agencies should also respect the Supreme Court, have faith and wait for the hearing tomorrow,” he said.

Sharma said the manner in which the CBI teams and personnel have descended on his residence raises fundamental questions, as the Chief Justice of India had said it will be heard Wednesday morning and they should wait for the final order.

“It is only a cancellation of bail, not of conviction. It is not a heinous crime. It is an alleged economic offence,” he said.

‘PC Bail-Express Has Halted’: BJP

Meanwhile, Delhi BJP General Secretary Kuljeet Singh Chahal took a dig at Chidambaram relating him and his Party with corruption. “C for Congress, C for Chidambaram, and C for Corruption....,” Chahal wrote in a tweet on Tuesday.

“The PC bail-express has halted,” said BJP In-charge for Tripura Sunil Deodhar.

Under the Scanner of Investigating Agencies

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.

It was during his tenure as finance minister in the UPA-I government that clearances from the Foreign Investment Promotion Board (FIPB) were given to the two ventures.

In the INX Media case, the CBI had registered an FIR on 15 May, 2017 alleging irregularities in the FIPB clearance granted to the media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister.

Thereafter, the ED in 2018 lodged the money laundering case in this regard.

Chidambaram's petition had said that though no summons had ever been served on him by the ED in this case, he had an apprehension of arrest in view of the summons issued to him by the CBI.

(With inputs from PTI, IANS and ANI.)