Published 15:43 IST, September 2nd 2019
SC asks trial court to consider Chidambaram's request for interim bail
Supreme Court on Monday asked the trial court to consider senior Congress leader P Chidambaram's request for interim bail in the INX Media corruption case.
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Supreme Court on Monday asked trial court to consider senior Congress leader P Chidambaram's request for interim bail in INX Media corruption case after former Finance Minister said that he t be sent to Tihar jail under judicial custody and offered to be in house arrest.
Supreme Court said if Chidambaram's request for interim bail is t considered by trial court on Monday itself, his CBI custody would be extended by three more days.
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A bench of justices R Banumathi and A S Bopanna directed CBI to file its response on Chidambaram's plea challenging n-bailable warrant (NBW) issued against him and subsequent orders of trial court remanded him to CBI custody in case.
Chidambaram's CBI custody in INX Media corruption case is expiring on September 2 and he will be produced before concerned trial court during day.
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Kapil Sibal says 'Chidambaram should t be sent to Tihar jail'
Senior advocate and Congress leader Kapil Sibal, appearing for Chidambaram, told bench that former minister was arrested pursuant to NBW and he has been in CBI custody for last 12 days.
" NBW should t have been issued. Eir give me (Chidambaram) interim bail or put me in house arrest. He (Chidambaram) should t be sent to Tihar Jail," Sibal said while questioning issuance of NBW and subsequent orders of trial court remanding former minister to CBI custody.
Remand orders of trial court can be set aside by apex court and Chidambaram should be given interim protection till top court decides his petition, Sibal added.
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"He (Chidambaram) has to file regular bail plea," bench said, adding, " competent court is seized of matter. Why should we skip jurisdiction of regular court and High Court?"
To this, senior advocate said that if Chidambaram is sent to Tihar jail under judicial custody, his petition would become infructuous.
Additional Solicitor General K M Nataraj, appearing for CBI, opposed grant of any interim protection to senior Congress leader and said that an accused cant say that he want to be in eir police custody or judicial custody.
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Sibal said that Chidambaram will be produced before trial court today after expiry of his CBI custody and if he would be sent to Tihar under judicial custody, his petition before apex court would become infructuous.
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"Give me (Chidambaram) interim bail or put me in house arrest. He is a 74-year-old man and has been in CBI custody for last 12 days," Sibal said.
bench said that Chidambaram can make a request in this regard before trial court.
Sibal said however that trial court would "reject" his request and top court should give him protection till pending petition is decided.
bench, after hearing submissions, directed Chidambaram to approach trial court seeking appropriate relief in accordance with law, including prayer for interim bail.
It said in case prayer for interim bail is t considered by concerned court, n Chidambaram's CBI custody will be extended by three more days.
bench said it would hear P. Chidambaram's plea on September 5.
INX Media case
In INX Media case, CBI had registered a First Information Report or FIR on May 15, 2017, alleging irregularities in FIPB clearance granted to media group for receiving overseas funds of Rs. 305 crore in 2007 during Chidambaram's tenure as finance minister. reafter, ED had in 2018 lodged money laundering case in this regard.
Both probe ncies had contended that during Chidambaram's tenure as finance minister, FIPB clearance was granted to media group for receiving overseas funds of Rs. 305 crore in 2007.
high court had on July 25, 2018, granted interim protection from arrest to P Chidambaram in both cases and it was extended from time to time.
senior Congress leader's role had come under scanner of various investigating ncies in Rs. 3,500-crore Aircel-Maxis deal and INX Media case involving Rs. 305 crore.
15:11 IST, September 2nd 2019