Published 17:10 IST, August 30th 2019
INX Media case: ED seeks Chidambaram's custodial interrogation
ED told the Supreme Court that custodial interrogation of P Chidambaram is needed in the INX Media case. Ex-FM asserted that his liberty cannot be curtailed.
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ED told Supreme Court Thursday that custodial interrogation of P Chidambaram is needed in INX Media money laundering case as he is a man with "resources, intelligence and wherewithal" even as former Finance Minister asserted that his right to liberty cant be curtailed by arresting him without any valid reason. Enforcement Directorate (ED) told a bench of Justices R Banumathi and A S Bopanna that money laundering is an offence against "society and nation" since it impacts ecomy and it is duty of probe ncy to unravel entire conspiracy.
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SG says cant question Chidambaram
Chidambaram's counsel said liberty is t a "one-way traffic" and if ED has power to arrest him, n he also has his fundamental right of liberty under Constitution. bench reserved order for September 5 on Chidambaram's plea challenging Delhi High Court's August 20 verdict denying him anticipatory bail plea in INX Media money laundering case. While opposing Chidambaram's anticipatory bail plea, Solicitor General Tushar Mehta said that considering his position, it would be "impossible" to interrogate him if he is under "protective umbrella" of bail.
He said if arguments of Chidambaram's counsel that court cant look into material collected in probe without accused being confronted with it is accepted, n it would lead to "devastating results" in or cases.
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"I have materials to show that concealment, use of proceeds of crime and laundering of money continued after 2009 and even till date," he said, adding that "interrogation will be a mere ritual if accused is under protective umbrella of bail".
Chidambaram's lawyer says 'liberty t a one-way traffic'
Senior advocate Kapil Sibal, appearing for Chidambaram, dared ED to show even one document, property or foreign bank accounts linked directly or indirectly to Chidambaram. Sibal said that Chidambaram is a member of Parliament and he has disclosed each and every detail about his assets to authorities.
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"Liberty is t a one-way traffic. If y have right to arrest me, n I also have my fundamental rights. It is t a procedure of law that a probe ncy gives its conclusion to a judge and judge records his finding in his order. Can procedure of law be destroyed in this fashion," Sibal said.
Senior advocate A M Singhvi, who also appeared for Chidambaram, said documents which ED wants to place before court for its perusal could have been put to Chidambaram during his questioning in case. "You (ED) had occasion to arrest person since 2014 n what is urgency w? Evidence are all documentary. re is possibility of him being a flight risk," he said.
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While urging to court to look into materials collected during probe, Mehta said ED has thing to hide and re would t be an iota of doubt that materials are cogent to arrest Chidambaram. Referring to INX Media money laundering case, he said, "All se persons (accused) are equal in terms of resources, intelligence and wherewithal". He said if material is shown to an accused at st of pre-arrest bail, n he may start "erasing money trail".
"This submission is absurd and devastating results would follow if this submission is accepted. This is preposterous. This proposition of law will be n applicable to all cases," he said.
"We (ED) are probing cases of Vijay Mallya, Nirav Modi, Mehul Choksi, AgustaWestland scam, Air India, Zakir Naik, Hafiz Saeed, Syed Salahuddin, Shabir Ahmad Shah and ors case which includes cross-border terror fundings," he said, adding that some of accused in se cases are filing pleas in courts in India from places like Antigua without subjecting mselves to courts of law here" he said.
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"Investigation is a science in itself. It is t only about questioning an accused," he said, adding, "My probe, my witnesses or my sources will be exposed if I put material to him at this st". Sibal argued that all materials were available with ED but y did t put m to Chidambaram when he was questioned on December 19 last year, January 7 and 21 this year.
"What else could be greatest travesty of justice? same thing was said in Karti Chidambaram's case. All se materials were with m for years," he said. He also said it was t ir case that ED cant arrest an accused. He said high court had "copy-pasted" te, given to it by ED after arguments were over in case re, on basis of which Chidambaram's plea was rejected.
"What is this te? This is conclusion of investigating authority which also became conclusion of judge," he said, adding that opinion of an investigating officer can never be a part of case diary.
"My right to get anticipatory bail is my right under Article 21," Sibal said, adding, "se are very serious issue as it relates to liberty. It is t our case that interest of state is t important but so is liberty. re has to be a balance and it will depend upon facts and circumstances of each case," he said.
"Can liberty of a person be destroyed like this? Can sealed cover documents be used in this manner to seal fate of any person?," Sibal said. CBI had lodged an FIR on May 15, 2017, alleging irregularities in Foreign Investment Promotion Board (FIPB) clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister. reafter, ED lodged a money laundering case in 2017.
15:54 IST, August 30th 2019