Wednesday 28 August 2019

Chidambaram INX Media Case LIVE updates: Protection from arrest expiring today, SC to hear his anticipatory bail plea at 11:30 am

11:22 (IST)

Supreme Court proceedings to begin shortly

11:16 (IST)

Justice Sunil Gaur, who rejected Chidambaram's bail, tipped to head PMLA Appellate Tribunal

The government is believed to have appointed Justice Sunil Gaur, who had rejected the bail plea of former finance minister P Chidambaram in the INX Media case, as chairman of the PMLA Appellate Tribunal.  While no government notification or order appointing Gaur as chairman has been made public so far, sources in the know said the appointment has been cleared.


Once the formal order comes, he will replace Justice Manmohan Singh who joined as chairman on 22 September 2016 for a three-year term.

Gaur, who retired on 23 August, had said that ex-FM's case was a “classic case of money laundering” and called him the “kingpin or key conspirator” in the INX Media case.

11:03 (IST)

Justices R Banumathi, AS Bopanna likely to continue hearing ED's arguments today


A Supreme Court bench comprising of Justices R Banumathi and AS Bopanna is expected to continue hearing the arguments of the ED on former finance minister P Chidambaram's petitions in the INX Media case on Thursday. 

Senior advocates Kapil Sibal and Abhishek Manu Singhvi presented arugments in defence of Chidambaram in the case over Monday and Tuesday.

10:55 (IST)

P Chidambaram to remain in CBI custody till 30 August 

A CBI court on Monday had remanded former finance minister P Chidambaram to the custody of the central investigative agency, CBI, in connection with the INX Media case till 30 August, after the Supreme Court labelled his plea challenging the rejection of anticipatory bail as "infructuous" earlier in the day. The ED, also investigating the case, will reportedly seek his custody once the CBI has concluded interrogation.

In an affidavit against the CBI remand order, ex-FM had dismissed the charges against him and expressed fear that coercive methods may be used to “elicit responses” from him while he is in CBI custody.  

10:43 (IST)

'Why no chargesheet if ED, CBI have evidence?': Karti Chidambaram challenges investigative agencies

Karti Chidambaram, son of former finance minister P Chidambaram challenged the ED and Central Bureau of Investigation (CBI) to file a chargesheet against him if they have any evidence in the allegations made by these investigative agencies over his benami properties and bank accounts in foreign countries in an exclusive interview with India Today TV 

10:33 (IST)

SC extends interim protection to P Chidambaram till 29 August; hearing to commence from 11:30 am today

Solicitor General Tushar Mehta to continue his arguments on behalf of the ED against anticipatory bail for P Chidambaram today at 11.30 am in the INX Media Case. 

10:30 (IST)

ED claimed that showing case diary to accused could ‘prejudice investigation, influence witnesses’, cites Bhima Koregaon case

 

Solicitor General had cited judgments of CrPC Section 172 to persuade the bench to look at the case diary, as aid in the case. He also argued that showing the case diary to the accused could prejudice investigation, influence witnesses. “The diary need not be seen but I want the court to see how the victimhood being plead by the petitioner does not hold,” Mehta said.

SG Mehta during Wednesday's proceedings cited the Supreme Court's judgment in the Bhima Koregaon case on a petition filed by Romila Thapar and others. Mehta points out that in that case too, the case diary was placed before the Court. “As a matter of practice, courts look into case diaries to satisfy their judicial conscience,” he argued.

 

10:19 (IST)

ED dismisses allegations of case being a witch-hunt, claims to have 'cogent materials' to prove involvement of money laundering 

 
"This is not a witch hunt as alleged by them. We have material to show that it is a serious case of money laundering. We have collected cogent materials in the case," SG Tushar Mehta said during the arguments which will continue on to Thursday.
 
Referring to the arguments advanced by P Chidambaram's counsel on Tuesday that ED wanted to humiliate him by arresting him, SG Mehta said, "A victim card is sought to be played. They are saying humiliation. It is not. It is prevention, prevention and prevention with capital P. I am serious about this".

10:13 (IST)

Enforcement Directorate to argue against anticipatory bail for P Chidambaram in apex court

 
The apex court is hearing a plea filed by P Chidambaram who has challenged the 20 August verdict of the Delhi High Court denying him anticipatory bail in the INX Media corruption and money laundering cases lodged by the CBI and the ED.
 
"A ghost is sought to be created by playing the victim card," SG Tushar Mehta said, representing ED, while opposing the grant of anticipatory bail to former finance minister.

10:08 (IST)

Supreme Court to continue hearing ED's arguments against anticipatory bail for P Chidambaram today

The Supreme Court on Wednesday had extended till Thursday the interim protection from arrest granted to former finance minister P Chidambaram in the INX Media money laundering case lodged by the Enforcement Directorate (ED).

Solicitor General (SG) Tushar Mehta to continue his arguments on behalf of the ED in the apex court at 11.30AM on Thursday.

P Chidambaram hearing in Supreme Court LATEST Updates: Solicitor General Tushar Mehta to continue his arguments on behalf of the ED against anticipatory bail for P Chidambaram today at 11.30 am in the INX Media Case.

The Supreme Court extended the interim protection from arrest granted to former finance minister P Chidambaram in the INX Media money laundering case lodged by the Enforcement Directorate to Thursday.

During the hearing held before the Bench comprising Justices R Banumathi and A S Bopanna, Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), said that the case is not a witch hunt but a serious case of money laundering, supported by evidence.

"This is not a witch hunt as alleged by them. We have material to show that it is a serious case of money laundering. We have collected cogent materials in the case," Mehta told the bench.

File image of the Supreme Court. PTI

File image of the Supreme Court. PTI

The counsel, who will continue to present his arguments before the Bench on 28 August said that Chidambaram was playing the “victim” card to evade arrest by the ED. "A ghost is sought to be created by playing the victim card," Mehta said while opposing the grant of anticipatory bail to Chidambaram.

Mehta argued that the ED has “cogent evidence” to prove that the case is that of money laundering. "In the money laundering case, we would be dealing with very intelligent people, stupid men cannot do laundering. These offences are not committed in the heat of the moment, they are cleverly crafted. Most of the laundering is a digital operation," Mehta said.

Emphasising that the probe agency has a statutory right to arrest, Mehta said that the need for custodial interrogation has to be decided by the Special Court. "An arrest is done by people of higher rank, a director, on the basis of materials we have in possession, recorded reasons,” he said. The Solicitor General said the ED has the material in its possession against Chidambaram, which gives them the power to arrest.

The ED counsel argued that it has records from overseas banks and that revealing the evidence may impact the investigation and influence the witnesses. "The ED received the material, like records from banks all over the world. In this case, the statute provides that probe report should be sent to neutral adjudicatory authority, in a sealed cover, to avoid investigating agency tampering with them. These are statutory checks and balances provided in Prevention of Money Laundering Act, 2002."

"The money laundering case is very sensitive. We cannot share details of the investigation till the chargesheet is filed. I request the court to examine the report given in sealed cover," Mehta said in the court.

To this, Congress leader and senior advocate Kapil Sibal, who is the counsel for Chidambaram, along with Abhishek Manu Singhvi said that he never made the case that accused should be given access to evidence but he should be confronted with it.

Sibal had said in the hearing on Tuesday that the former finance minister was quizzed by the agency on three dates in 2018 and 2019 and transcripts of questioning would clear the air on whether he was evasive in his replies, as alleged by it while seeking his custodial interrogation.

"You (ED) want to arrest me, but for what reason? The answer is - to humiliate me, to humiliate me and to humiliate me, minute by minute and hour by hour," Singhvi had said on Chidambaram’s behalf. To this, Mehta on Wednesday said that Chidambaram’s arrest “isn't for humiliation but for prevention”.

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The Supreme Court is hearing Chidambaram’s plea, which challenged the Delhi High Court’s 20 August verdict, in which the former finance minister was denied bail in the corruption and money laundering case lodged by the CBI and ED.

CBI had lodged an FIR on 15 May, 2017, alleging irregularities in Foreign Investment Promotion Board clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister, when the company had clearance only to receive four crore. His son Karti Chidambaram’s company allegedly received Rs 10 lakh from INX Media for helping it escape punitive action for the same.

The ED later also lodged a case against Chidambaram, who was a union minister between 2004 and 2014, when the UPA-I and UPA-II governments were at the Centre.



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