INX Media Case Updates: P Chidambaram Will Remain In CBI Custody Till Aug. 26

Congress leader and former union finance minister P Chidambaram was on Friday granted protection from arrest by the Supreme Court till Aug. 26 in the money laundering case lodged by the Enforcement Directorate in the INX Media case.

However, Chidambaram will continue to be in custody as the apex court, did not intervene in the CBI case in which he has been sent for custodial interrogation of the agency till Monday.

A bench comprising justices R Banumathi and A S Bopanna posted both the matters for hearing on Monday, Aug. 26.

The hearing witnessed heated exchange of words between prosecution counsel and Solicitor General Tushar Mehta and senior advocate and Chidambaram's party colleagues Kapil Sibal and AM Singhvi.

SG Mehta vehemently opposed the order granting protection from arrest to Chidambaram in the money laundering case registered by the ED.

The apex court was hearing two separate petitions filed by Chidambaram challenging the Delhi High Court Aug. 20 verdict by which his anticipatory bail was dismissed in the cases registered by both the agencies-- CBI and ED.

In the CBI case, a special court on Thursday sent Chidambaram for custodial interrogation after he was arrested on the night of Aug. 21.

Mehta said that Chidambaram cannot be arrested in the ED case till Monday as he is already in the custody of the CBI and a person cannot be arrested simultaneously by two agencies.

Supreme Court will hear P Chidambaram's appeal against the Delhi High Court order in CBI case on Aug. 26, according to ANI.

Appearing for the former finance minister, Kapil Sibal told the Supreme Court that Chidambaram’s fundamental right to access to justice has been frustrated by the way in which the plea against Delhi HC verdict was not heard despite moving the Supreme Court on time.

Sibal also questioned the Solicitor General’s move to give the High Court Judge a note after the arguments were over.

The CBI has expanded the probe against former finance minister P Chidambaram, bringing under its ambit foreign investment clearances given to companies other than INX media during his tenure, officials said.

The CBI suspects that Chidamabaram and his son Karti also received kickbacks from other companies to facilitate foreign investment clearances through the FIPB route which necessitates the former minister's custodial interrogation, they said.

Both Chidambaram and Karti have strongly denied allegations of corruption levelled by the CBI.

The agency in its FIR related to INX media case has alleged that Karti Chidambaram helped the company by using his influence in the ministry to get clearance for FDI investment worth Rs 305 crore and for it companies linked to him received payments under the garb of consultancy services.

The FIR has not mentioned whether Chidambaram himself received any payments for granting FDI clearances.

A Delhi Court allowed four-day CBI custody of Congress leader P Chidambaram in the INX Media corruption case.

Special Judge Ajay Kumar Kuhar asked the agency to conduct medical examination of Chidambaram as per the rules. The court also allowed the family members and lawyers of Chidambaram to met him for half an hour every day during the CBI custody.

“Considering the facts and circumstances, I am of the view that police custody is justified,” the judge said and remanded him to CBI’s custody till Aug. 26.

CBI had said that a custodial interrogation is necessary to unearth larger conspiracy in the INX Media corruption case.

Meanwhile, Chidambaram’s plea against the Delhi High Court order denying him anticipatory bail has been listed for Friday before Supreme Court bench headed by Justice R Banumathi.

A Delhi Court has reserved its order on the CBI’s plea seeking five day custodial interrogation of Congress leader P Chidambaram, who was arrested in the INX Media corruption case.

Special Judge Ajay Kumar Kuhar heard the arguments of CBI and Chidambaram's counsel for over one-and-a half-hour.

The judge said he will pronounce the order after 30 minutes.

The Central Bureau of Investigation has sought a five-day custody of Congress leader P Chidambaram, saying that a custodial interrogation is necessary to unearth larger conspiracy in the INX Media corruption case.

The former finance minister is not cooperating in the investigations, CBI told a Delhi court where Chidambaram was presented for hearing after spending a night in jail.

Representing the investigation agency in the matter, Additional Solicitor General Tushar Mehta said Chidambaram was in conspiracy with others in the INX Media scam. "We need material which Chidambaram is holding," he told the court.

Placing before Special Judge Ajay Kumar Kuhar the Delhi high court's order dismissing Chidambaram's anticipatory bail plea, Mehta said a chargesheet is yet to be filed in the case.

"A Grave offence was committed, a custodial interrogation is required to get answer of certain questions for effective probe," he said. "A Custodial interrogation of Chidambaram necessary to unearth quid pro quo and larger conspiracy."

Kapil Sibal, senior advocate for Chidambaram, opposed the five-day custodial interrogation sought by CBI. "The first arrest in the case was of Bhaskar Raman, the chartered accountant of Karti Chidambaram, and he is out on bail," said Sibal. An FIR (in the INX Media case) was filed around 10 years after the alleged offence. Chidambaram has never skipped interrogation," Sibal told the court.

P Chidambaram's wife Nalini and son Karti along with senior lawyers representing the former Union minister arrived at the Rouse Avenue Court complex here on Thursday ahead of the hearing in the INX Media corruption case in which he was arrested Wednesday night.

Congress party leaders and senior advocates Kapil Sibal, Abhishek M Singhvi, Vivek Tankha and Dayan Krishnan, among others have also reached the court complex.

Hitting out at the Congress for strongly backing P Chidambaram in the INX Media case, Union minister and senior Bharatiya Janata Party leader Mukhtar Abbas Naqvi on Thursday said the opposition party and its leadership is trying to "convert corruption into a revolution".

"The Congress is working with a negative mindset. They have converted corruption into a revolution. This is for the first time that corruption is becoming a revolution. Till now, revolution was against corruption, now revolution is being carried out in favour of corruption," Minority Affairs Minister Mukhtar Abbas Naqvi told PTI.

"Law enforcement agencies will do their work and courts will do their own work. But, the Congress party and its leadership is trying to convert corruption into a revolution," the minority affairs minister said.

The Congress staged a walkout at the Himachal Pradesh Assembly in Shimla Thursday, protesting the arrest of former Finance Minister P Chidambaram. Congress MLAs, led by Leader of Opposition Mukesh Agnihotri, raised slogans before staging the walkout.

Agnihotri rose from his seat soon after the Question Hour at noon and stated that Chidambaram's arrest was a "murder of democracy".  However, Speaker Rajiv Bindal stopped him from raising the issue, stating no notice for discussion was given.

Soon after, Congress MLAs started raising slogans “Modi Sarkar Murdabad". Countering them, BJP MLAs raised slogans like “Chor Machaye Shor". Subsequently, Congress MLAs staged a walkout from the Himachal Pradesh Assembly.

Condemning the walkout by the Congress, Chief Minister Jai Ram Thakur said that the Centre had nothing to do with Chidambaram's arrest and that he had been arrested after rejection of his bail plea by the Delhi High Court. The Congress walkout over the issue amounts to raising questions on the judiciary, he added.

The Congress on Thursday came down heavily on the Narendra Modi government over the arrest of P Chidambaram, accusing it of using the Central Bureau of Investigaton and the Enformcement Directorate as "personal revenge-seeking departments".

"False charges" are being heaped on senior political rivals to "silence" everyone in country,” said Congress spokesperson Randeep Surjewala.

"Over the last two days India witnessed the broad daylight murder of democracy as also the rule of law. The government is using CBI, ED as personal revenge-seeking departments for the party in power as also those ruling country,” he added.

"A seasoned politician was arrested on the statement of a woman charged with murder of her own daughter", said Surjewala, referring to Indrani Mukherjea. PTI

Karti Chidambaram on Thursday termed the arrest of his father P Chidambaram as a "political vendetta" and vehemently denied any association with either Peter Mukherjea or his wife Indrani Mukherjea, the promoters of INX Media.

Karti arrived in New Delhi from Chennai on Thursday morning, hours after his father was arrested on Wednesday night in the INX Media case.

"This is not merely targeting of my father but the targeting of the Congress I will go to Jantar Mantar to protest," said Karti at the Delhi airport.

When asked about his association with Peter and Indrani Mukherjea, Karti said that he neither knew them nor has he met them. "I have never met Peter Mukherjea. Have never met Indrani Mukherjea, only time I met her was during the CBI interrogation in Byculla jail. Never met anyone in FIPB, don't know the process of FIPB", he said. PTI

P Chidambaram’s son Karti criticised the CBI for its action against his father in the INX media case, saying it is a witch hunt. Minutes after Chidambaram was taken to the CBI headquarters, Karti said the case was apparently about events that happened in 2008.

“This is totally a politically motivated witch hunt,” he said.

When asked who’s behind the witch hunt, Karti quipped: “Who’s doing all this? Yes, of course, all of this is being done by BJP. Who else? You think Donald Trump? No.”

Congress leader P Chidambaram was on Wednesday night taken into custody by the CBI amid high drama at his Jor Bagh residence where some officers scaled walls to gain entry.

Shortly after Chidambaram, 73, made a dramatic appearance at the AICC headquarters and addressed a news conference, the Congress leader was picked up by CBI sleuths an hour after he reached his residence and taken to the nearby headquarters of the probe agency for questioning.

The CBI and the ED earlier issued a Look Out Circular to prevent any attempt by him to leave the country. The Supreme Court will only hear on Friday Chidambaram’s petition against a high court order that dismissed his anticipatory bail plea.

Chidambaram, who is accused of money laundering and getting kickbacks in the INX media case, asked probe agencies to “respect” the law and wait until Friday when the Supreme Court hears his bail plea.

A team of CBI officials descended on the residence of former finance minister P Chidambaram Wednesday night, minutes after he reached there after a dramatic appearance at a press conference at AICC headquarters in New Delhi.

The team of about 30 CBI sleuths accompanied by Delhi police officials reached the Jor Bagh residence of Chidambaram and knocked at the doors for a few minutes before scaling the boundary wall to enter the premises.

A team of ED officials also reached there.

Former Finance Minister P Chidamabaram today said that he has not been accused of any offence in the INX Media case and no chargesheet has been filed by the CBI or the Enforcement Directorate before a competent court.

In a surprise appearance at a press conference in New Delhi, Chidambaram said that despite no wrongdoing, it has been made to look like he and his son Karti have committed “grave offences”.

“Nothing can be further from the truth. These are lies spread by pathological liars,” Chidambaram said.

Here’s the full transcript of P Chidambaram’s comments to the media:

“Good Evening,

I believe that the foundation of a democracy is liberty. The most precious article of the Constitution of India is Article 21, that guarantees life and liberty.

If I am asked to choose between life and liberty, I will unhesitatingly choose liberty.

Why are the years up to 1947 called the years of the freedom struggle? Because to win freedom we must struggle. To preserve freedom too we must struggle.

In the last 24 hours, much has happened that has caused concern to some, and confusion to many. My statement today is to dispel concern and confusion.

In the INX Media Case I have not been accused of any offense. Nor has any one else, including anyone in my family, been accused of any offence. In fact there is no chargesheet filed either by the CBI or ED before a competent court. Moreoever, the FIR recorded by the CBI does not impute to me any wrongdoing.

Yet, there is a widespread impression that grave offences have been committed and that my son and I have committed those offences. Nothing can be further from the truth. These are lies spread by pathological liars.

When I was summoned by the CBI and the ED to appear for questioning, I naturally sought interim protection against arrest from the competent court. I was granted interim protection, the order of the high court dated May 31, 2018 and July 25, 2018. I have enjoyed the interim protection for the last thirteen to fifteen months. The matters were finally heard on Jan. 25, 2019, and judgment reserved.

Now after seven months, yesterday, the high court was pleased to dismiss the pre-arrest jail application. My lawyers, who are also my dear friends present here, advised me to move Supreme Court. On my behalf, they did so yesterday evening and today. They appealed repeatedly to the Honourable Supreme Court to list the appeal for hearing urgently and in the meanwhile grant me interim protection. While my lawyers, all senior counsel, were moving the Supreme Court, other lawyers and I worked through the night last night to prepare the papers. We completed the task only this morning and immediately filed the appeals in the Supreme Court. I was working alongside my lawyers the whole of last night. Today, throughout the day I was with my lawyers following the proceedings in the Supreme Court.

I was aghast that I was accused of hiding from the law. On the contrary, I was seeking the protection of the law. I was accused of running away from justice. On the contrary, I was engaged in the pursuit of justice. My lawyers have told me that despite their impassioned pleas the cases were not listed for hearing today, nor will they be listed tomorrow, but will be only listed for Friday.

I bow down to the orders of the Supreme Court. Between now and Friday, I shall walk with a clear conscience and my head held high. I shall respect the law, even if it is applied with an unequal hand by the investigating agencies. In the name of freedom, I can only hope and pray that the investigating agencies will also respect the law. In the present circumstances, respect for the law can only mean one thing: wait for the decision of the Honourable Supreme Court on Friday.

Some days ago, when I spoke in Parliament, I had said that every judge in this country will uphold the liberty of a citizen. I had said that the collective conscience and the institutional memory of the court as a venerable institution will guide all judges of the country.

As much as I believe in liberty, I also believe in the wisdom of our judges.

So friends, until Friday and beyond let's hope that the lamp of liberty will shine bright and illuminate the whole country.”

The Central Bureau of Investigation has issued a Look Out Circular against former Union Minister P Chidambaram to prevent him from leaving the country, officials said on Wednesday. CBI has alerted all the airports to prevent Chidambaram from boarding a flight, they said, adding the circular was issued recently. The Enforcement Directorate too has issued a fresh Look Out Circular against him in connection with the INX Media case.

The Enforcement Directorate has expanded beyond INX Media case its investigation against former Finance Minister P Chidambaram. It suspects that he granted illegal FIPB clearance to at least four more business deals, apart from INX Media and Aircel-Maxis, and received multi-crore kickbacks through multiple shell firms, sources said.

ED has also come across evidence where alleged illegal deposits of over Rs 300 crore were made in a single shell company after purported kickbacks were received by Chidambaram and his son Karti Chidambaram in lieu of granting illegal approvals.

The agency, sources said, has requested the court to allow it custodial interrogation of the father-son duo, given the nature of these complex transactions and kickback deals which have cross-border ramifications.

The four companies are Diageo Scotland, Katara Holdings, Essar Steel and Elforge.

The Supreme Court will on Friday hear former Finance Minister P Chidambaram’s plea seeking stay on a Delhi High Court order that rejected his anticipatory bail plea.

Registrar (Judicial) informed Chidambaram's lawyer that Chief Justice of India Ranjan Gogoi has listed the matter for hearing on Friday.

Soon after getting the message, a team of lawyers led by senior advocate Kapil Sibal had a short deliberation in the consultation room after which they left the apex court.

Chidambaram, who was home minister and finance minister in the United Progressive Alliance government from 2004-2014, had sought a stay on the Delhi High Court's Tuesday judgement dismissing his anticipatory bail plea and paving the way for his arrest in the INX Media case.

The Supreme Court on Wednesday refused urgent listing of P Chidambaram's petition seeking protection from arrest in the INX Media case. The top court said the defects in the petition were removed just now and it "cannot be listed for hearing today itself".

"Without listing of the petition, we cannot hear the matter," said a bench comprising Justices NV Ramana, M Shantanagoudar and Ajay Rastogi.

"Sorry Mr Sibal. We cannot hear the matter," the bench said when senior advocate Kapil Sibal, appearing for Chidambaram, repeatedly asked for hearing the matter on Wednesday itself. Solicitor General Tushar Mehta opposed the plea of Chidambaram for hearing the matter on oral mentioning saying that the papers are not with him.

A host of Congress leaders on Wednesday backed their colleague P Chidambaram, facing action in a money laundering case related to INX Media, with Rahul Gandhi accusing the government of using probe agencies and the media to "character assassinate" the former finance minister.

Congress leader Priyanka Gandhi Vadra, who said the party will continue to fight for the truth no matter what the consequences are, the party's chief spokesperson Randeep Surjewala as well as Anand Sharma were among those who stood in solidarity with Chidambaram.

"Modi's Government is using the ED, CBI and sections of a spineless media to character assassinate Mr Chidambaram. I strongly condemn this disgraceful misuse of power," Rahul Gandhi said on Twitter.

Priyanka Gandhi alleged that Chidambaram is being "hunted down".

The Congress officially said the party stands in support of its senior leader while accusing the government of "persecuting" its citizens for speaking truth to power.

Surjewala tweeted, "India witnesses worst kind of virulent vendetta by Modi Govt as the BJP runs a police state. Judge reserves judgement for 7 months & delivers it 72 hours before retirement, CBI/ED are sent to raid as a respected former FM is hounded. Banana Republic?"

His colleague, senior party spokesperson Sharma, also accused the government of targeting opposition leaders and termed the action of probe agencies against Chidambaram as "political vendetta".

When there are serious allegations against their own leaders, including its chief ministers, who are in office, the same agencies go silent, he alleged.

Sharma said there is not "even a whisper" the moment some leaders facing investigation like Mukul Roy and Himanta Biswa Sharma belonging to non-BJP parties defected.

"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.

Another Congress spokesperson RPN Singh echoed him, saying even when there are cases going on against leaders of other parties, the investigations are stopped the moment they join the BJP.

P Chidambaram has submitted in his petition in the Supreme Court that the high court's observation that he was the "kingpin" in the INX Media case was completely baseless and that the First Information Report was "politically motivated and an act of vendetta".

The former union minister on Wednesday filed an appeal in the Supreme Court challenging the Delhi High Court order dismissing his petition for pre-arrest bail in the INX Media case.

"The Judge's observation that the petitioner is the kingpin i.e. the key conspirator in this case is completely baseless and supported by no material whatsoever. The judge has ignored the crucial fact that the petitioner simply approved the unanimous recommendation of the Foreign Investment Promotion Board (FIPB) which was chaired by Secretary, Economic Affairs and consisted of five other Secretaries to the Government of India," he said in the petition.

Chidambaram said observations of the high court that the magnitude of the case justifies denial of bail is manifestly "illegal and unjust". Approval was granted for an original investment and the downstream investment.

"Both investment proposals were examined and processed in the normal course and placed before the FIPB. It was FIPB which recommended grant of approval and the Petitioner simply approved the recommendation. None of the FIPB members have been attempted to be arrested," he said.

Contending that his antecedents are "impeccable", Chidambaram said he is a sitting Member of the Rajya Sabha and has never been accused of any offence.

The Enforcement Directorate has issued a lookout notice against Congress leader and former Finance Minister P Chidambaram in relation to the possible arrest in the INX Media Case, according to ANI.

P Chidambaram's plea challenging the Delhi High Court order dismissing his petition for pre-arrest bail in the INX media case will be put before the CJI to consider for urgent listing, the Supreme Court said today.

Justice NV Ramana told senior advocate Kapil Sibal, appearing for Chidambaram, that the case will be put before CJI Ranjan Gogoi.

Solicitor General Tushar Mehta, appearing for the ED and CBI, told the bench that it is a case of money laundering of "monumental magnitude".

At the outset, Sibal told the apex court that Chidambaram's plea was dismissed by the Delhi High Court on Tuesday.

He said Chidambaram was granted protection from arrest for more than an year in INX cases lodged by the CBI and ED.

Sibal said the high court had also refused to grant any protection from arrest to Chidambaram to enable him to approach the apex court "The matter should be heard. I (Chidamabaram) should not be arrested in the meanwhile," Sibal said.

Sibal told the court that at 2 a.m. on Wednesday the probe agencies have pasted a notice on Chidambaram's house that he has to appear before them within two hours.

When Sibal said they have got their petition numbered from the Registry, Justice Ramana said, "You finish all formalities".

The legal team of P Chidambaram has asked the CBI not to take any coercive action against the former Union finance minister as his petition is to be heard in the Supreme Court Wednesday morning.

Hours after the Delhi High Court refused to grant any protection from arrest to Chidambaram in the INX media case, the CBI issued a notice to him on Tuesday, asking him to appear before the investigation officer within two hours, after failing to find him at his residence.

In response, the legal team of Chidambaram said the notice did not mention the specific provision of law under which he was summoned and asked not to take any coercive action against him till his petition comes for hearing in the Supreme Court Wednesday morning.

Arshdeep Khurana, lawyer of Chidambaram, stated that his client has come to know "through reports" that he has been asked to be present before the investigation officer in the INX media case.

"I am instructed to state that your notice fails to mention the provision of law under which my client has been issued a notice at midnight calling upon him to appear at a short notice of 2 (two) hours. Furthermore, kindly note that my client is exercising the rights available to him in law and had approached the hon'ble Supreme Court on 20.08.2019 seeking urgent reliefs in respect of the order dated 20.08.2019 dismissing his anticipatory bail application no. 1316/2018 in the captioned FIR," Khurana responded.

It further stated, "On moving the Hon'ble Supreme Court at 04:30 PM on 20.08.2019, he has been permitted by the Hon'ble Supreme Court to mention the urgent Special Leave Petition against the above said order before the Hon'ble Supreme Court at 10.30 a.m. on 21.08.2019.

"I therefore request you to not take any coercive action against my client till then and await the above mentioned hearing at 10:30 a.m. on 21.08.2019" A team of CBI officers had landed at the Chidambaram's posh Jor Bagh residence here to locate him, officials said.

The CBI team left the premises after confirming that he was not present at the address, they said.

The team, which had some superintendent of police-rank officials, did not make clear if they had gone to his residence to arrest him for alleged irregularities in foreign investment clearance to INX media during his tenure as the Union finance minister.

A team of officials returned to Chidambaram's residence 115-A Jor Bagh and pasted a notice asking him to appear before R Parthasarthy, CBI Dy SP, probing the case.

Such summons are normally issued under Section 161 of the CrPC.

However, the notice pasted at his residence did not mention the specific provision.

Congress leader P Chidambaram, facing threat of arrest in the INX media scam, failed to get an audience from Chief Justice Ranjan Gogoi on Tuesday for 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 Wednesday morning in 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 Chief Justice’s staff for having a word with Justice Gogoi.

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 Tuesday, also joined them later.

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The Delhi High Court had on Tuesday refused to grant any protection to Chidambaram from arrest by the CBI and the Enforcement Directorate.

He had failed to get an audience from Chief Justice Ranjan Gogoi on Tuesday for 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 the registrar (judicial) to mention the petition Wednesday morning in the apex court.

The Central Bureau of Investigation had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board clearance granted to the media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.

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