After Multiple Legal Battles Court Sends Former Finance Minister P Chidambaram To Tihar Jail

Former finance minister P Chidambaram was moved to Delhi’s Tihar Jail after he was sent to judicial custody on Thursday.

The day started with the Supreme Court announcing its order in the anticipatory bail plea of the former union minister and Congress party leader in relation to the proceedings initiated against him by the Enforcement Directorate for alleged irregularities in Foreign Investment Promotion Board approvals granted to INX Media in 2007.

While Chidambaram’s counsel argued that his arrest was an attempt to humiliate him, the top court bench of Justice Banumathi and Justice AS Bopanna denied any relief. The bench in its order noted that protection from arrest is an extraordinary remedy which is granted “only in exceptional circumstances”.

The Enforcement Directorate is investigating charges of money laundering of proceeds allegedly received by Chidambaram’s son Karti in lieu of the approvals granted when P Chidambaram was finance minister. Karti is alleged to have received kickbacks in return for the approvals.

The top court judgment meant that the ED could exercise its discretion in making a decision to arrest P Chidambaram.

The start of the second half of the day, however, brought some respite for the former finance minister in an unrelated case of Aircel-Maxis, where a Special Judge OP Saini of a Delhi court granted him protection from arrest by the Central Bureau of Investigation and ED.

The Aircel-Maxis case relates to the allegations of approvals granted to Malaysia’s Maxis Communication for investment in Aircel Ltd. in violation of the foreign investment law. The former finance minister is alleged to have granted the approval for investments worth Rs 3,500 crore in violation of the rules.

“We win some too,” Karti Chidambaram tweeted after the CBI court order.

That relief was short-lived as the final case involving the former finance minister came up for hearing in the special CBI court in Delhi. The 15-day CBI custody of P Chidambaram, who was arrested on Aug. 21, had come to an end.

By law, police or CBI custody cannot be for more than 15 days. After that, if the accused is not granted bail, the person is sent to judicial custody—in Chidambaram’s case Tihar Jail.

All eyes were on the court of Ajay Kumar Kuhar as to whether Chidambaram will be granted bail or sent to judicial custody. An order for bail in the case being investigated by the CBI could have also meant an arrest by the Enforcement Directorate.

Anticipating the move, Chidambaram’s lawyers offered that their client was ready to surrender to the ED. The special CBI court, however, sent the former finance minister to judicial custody till Sept. 19. It allowed requests such as a western toilet, a separate cell, spectacles and adequate security to the former union minister.

The special court also issued a notice to the ED on the offer of surrender made by Chidambaram and will now hear him on Sept. 12 on the plea to surrender to the Enforcement Directorate.