SC grants bail to Chidambaram in CBI case; remains in Tihar in ED case

Supreme Court on Tuesday granted bail to P Chidambaram against Central Bureau of Investigation in INX Media Case. However,  order of Supreme Court which comes as first ray of hope for former Finance Minister in over sixty days, has little immediate impact on Chidambaram’s situation as he is currently under custody of Enforcement Directorate for custodial interrogation on allegations of money laundering in same case.

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allegation regarding influencing of any witnesses 

verdict, however, might have a significant impact on future hearings that are yet to take place against CBI as well as ED before a court of law. In a 27-p order authored by Justice Bhanumati on behalf of three-judge bench of Supreme Court, main allegation of CBI against Chidambaram – that of having tried to influence witnesses during ongoing investigation – has been torn apart by top court. Supreme Court has observed that “till date, re has been allegation regarding influencing of any witness by P. Chidambaram or his men directly or indirectly. In a number of remand applications, re was whisper that any material witness has been approached.”

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Court has also thrown light on lack of details provided by CBI regarding witness-tampering allegation stating that “CBI has direct evidence against P. Chidambaram regarding allegation of him directly or indirectly influencing witnesses. material particulars were produced as to when and how those material witnesses were approached. Also, details as to form of approach – wher (it was through) SMS, email, letter, or telephonic calls. Details are also t available as to when, where and how se witnesses were approached.”

'Cant be said to be a rustic or vulnerable witness'

On last day of arguments before top court, Solicitor General Tushar Mehta while arguing for CBI h relied on a “crucial witness” who in a statement to CBI on March 15, 2018, h said that P. Chidambaram h approached him/her regarding case. Supreme Court has specifically dealt with this submission of Solicitor stating in today’s verdict that – “ said witness allegedly approached or or witnesses in a case of present nature, cant be said to be a rustic or vulnerable witness who could be so easily influenced; more so, when allegations are said to be based on documents. More particularly, re is material to show that P. Chidambaram or his men have been approaching said witness so as to influence witness t to depose against appellant or his son.”

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'A generalized apprehension that appears to be speculative'

Supreme Court also went on to call Delhi High Court order that h denied bail to P. Chidambaram “a generalized apprehension that appears to be speculative”. While also clarifying that although re was question of P. Chidambaram being a flight risk, Supreme Court directed former Union Minister to t leave country without prior court permission, to cooperate with investigation and to execute a bail bond of Rs. 1,00,000. Chidambaram is all set to be produced before Special CBI Court at end of his remand with ED on October 24.

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