P Chidambaram Hearing in Supreme Court LATEST updates: Abhishek Manu Singhvi cited the Supreme Court’s decision in the ADM Jabalpur case, while making submissions in former finance minister P Chidambaram’s defence in the pleas filed related to the INX Media case on Tuesday.
Making a point on preventive detention, Singhvi told the court that in the referenced judgment, the purpose of producing material before the court without presenting it to the party itself, was questioned.
He said, “This (ADM Jabalpur) is a case from the time when Fundamental rights were suspended, Emergency was proclaimed and the judgment is generally considered bad law for taking an extreme view on curtailing liberties. Even this judgment spoke against ex parte communication.”
An ex parte communication is communication between a judge and legal stakeholder about the case, without the presence of the opposing party or its lawyers.
He also weighed in about the “high status” that has been accorded to Articles 20 and 21 of the Constitution. “Those are non-derogable. Even in emergency or war, those rights cannot be suspended,” he added.
A bench of the Supreme Court on Tuesday, comprising Justice Banimathi and Justice Ramana, began hearing two pleas filed against the CBI and ED by former finance minister P Chidambaram, who is being investigated on the INX Media case.
According to Bar and Bench, the pleas are to do with “an SLP against Delhi High Court’s order denying anticipatory bail in ED matters and an SLP challenging the order of Special Judge remanding Chidambaram to CBI custody.”
Son of former finance minister P Chidambaram, who was arrested by the CBI in connection with the INX Media case last week, on Tuesday criticised the media and said that “TV news anchors” had “bandied” his assets documents as “proof” against him.
“I am obligated to declare my assets as a politician,” he said, ahead of the hearing of Chidambaram’s plea against the CBI and ED in the Supreme Court on Tuesday.
The Supreme Court on Monday extended till Tuesday the protection from arrest given to former finance minister P Chidambaram in the separate money laundering case lodged by the Enforcement Directorate (ED).
A bench comprising justices R Banumathi and AS Bopanna, however, refused to entertain his petition challenging the dismissal of anticipatory bail in a corruption case lodged by the CBI in the INX Media scam, saying since he has been arrested it has become “infructuous”.
A Supreme Court Bench of Justices R. Banumathi and AS Bopanna will on August 27 hear a fresh plea filed by former Union Finance Minister P Chidambaram against his arrest warrant and remand orders issued by the trial court in the INX Media case.
The trial court in Delhi extended CBI’s custody of P Chidambaram by four days, till 30 August. During the hearing, Solicitor-General Tushar Mehta, appearing for the CBI, sought the extension of P Chidambaram custody by five days. “Chidambaram needs to be confronted with other co-accused. He was confronted with one co-accused during his custody,it is going on.. it will continue,” he said.
The Supreme Court hearing has ended for the day and further hearing will take place on Tuesday at 12 pm. Interim protection to P Chidambaram will continue till then.
After the bench reassembled for the hearing of former finance minister P Chidambaram’s pleas against the CBI and ED in the INX Media case, senior advocate Kapil Sibal referred to the case against the Congress leader’s son, Karti.
He said that Karti was given bail because he “entire case” talks about Advantage strategies, but Karti is “neither a director, nor a shareholder of that company”.
He said, “The case is that Karti Chidambaram used his relationship with P Chidambaram to influence public servants to secure ex-post facto FIPB approvals for the downstream investment in INX media. However, all the then-six FIPB secretaries have been examined and none of them said that Karti approached them.”
Kapil Sibal, the counsel for Congress leader P Chidambaram in the INX Media case, slammed the Enforcement Directorate over a “media trial” when the Supreme Court took up the matter on Monday. The lawyer also said that Chidambaram had been questioned for 26 hours but neither the CBI nor the ED had presented to, or questioned him over the evidence produced in court.
“CBI asking Chidambaram, do you have a Twitter account?.. What kind of questions are being asked? 26 hours of examination and nothing (documents) has been put to him. ED’s only case is that he is not cooperating. This is not fair, this is a media trial.” he said.
He added, “Solicitor General of India Tushar Mehta has contended discovery of large number of mails, bank accounts, among other things. All this was never out to Chidambaram. He was examined by ED thrice and only once by the CBI. Neither agencies put any of this before him. And these documents spoken of is to prejudice the case against Chidambaram. The procedure is not followed and is in violation of Article 21.”
After dismissing former finance minister P Chidambaram’s plea against the denial of bail in the INX Media case, the Supreme Court also heard the Congress leader’s petition against the Enforcement Directorate. Kapil Sibal, appearing for Chidambaram, made submissions about how submitting documents in a sealed envelope “is violative of his right under Article 21.”
Sibal also proceeded to accuse the ED of “leaking” evidence documents to the media, while the ED counter-accused Chidambaram’s legal team of leaking the documents. Sibal also accused the ED of conducting a “media trial” and quoted media reports that mentioned details of the ED’s closed envelope submission to the court.
Justice Banumathi, heading the apex court bench hearing the plea of former finance minister P Chidambaram challenging the Delhi High Court’s denial of bail in the INX Media case made by the CBI, said that “as the CBI application is concerned, we are not hearing it (the plea).”
“We cannot convert the Special Leave Petition (SLP) where you are challenging the High Court order to bail plea,” the court said, adding that Chidambaram was granted the liberty to move appropriate the court for regular bail.
The Supreme Court has begun hearing former union minister P Chidambaram’s plea against arrest by the Central Bureau of Investigation (CBI) in the INX Media corruption case on Monday.
Earlier, reports said that the apex court Supreme Court, which was expected to hear former finance minister P Chidambaram’s plea against Delhi High Court’s order rejecting his anticipatory bail, was unlikely to take up the matter as the registry did not get clearance from Chief Justice of India to list the matter in court today, reports CNN News18.
The Supreme Court has said that the registry will to do the needful for listing the case in this regard, reported to ANI.
The Supreme Court was expected to hear three petition today — two against the CBI’s actions and the third one to ward off ED’s crackdown regarding the former finance minister’s connection in the INX media case. Of the three petitions, the one against CBI’s custody is not listed for today, Kapil Sibal mentioned before the Supreme Court. Justice Banumathi says the necessary orders could not be obtained from CJI over the weekend, claim reports.
A special anti-corruption court on 22 August sent Chidambaram to the CBI custody till 26 August for interrogation.
An apex court bench of Justices R Banumathi and AS Bopanna was expected to hear the appeals of Chidambaram against Delhi High Court order, which had granted him interim protection from arrest till 26 August in connection with INX media case probed by the Enforcement Directorate (ED).
The counsel of the ED had vehemently opposed before the top court Chidambaram’s lawyers request for protection from arrest in the case.
On 21 August, the Delhi High Court had dismissed Chidambaram’s plea for anticipatory bail. The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) had issued look-out notices against him on Wednesday in the INX media case.
In 2017, the CBI had registered an FIR alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to INX Media to the tune of Rs 305 crore in 2007 when Chidambaram was the Union finance minister.
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P Chidambaram Hearing in Supreme Court LIVE updates: Right to personal liberty held on highest pedestal, can’t be suspended even during war, argues Singhvi for ex-FM – Firstpost