New Delhi: The Supreme Court will hear Congress leader P. Chidambaram’s bail plea in the INX Media scandal on Friday, after he failed to get the matter heard on Wednesday, leaving the former finance minister open to potentially being arrested.
Chidambaram’s legal team, which includes Congress leaders Kapil Sibal and Salman Khurshid, had approached the apex court for relief after the Delhi high court refused his anticipatory bail plea on Tuesday.
On Wednesday, the former finance minister’s legal counsel mentioned the matter before Justice N.V. Ramana, who declined to provide interim relief but said he would send the case to Chief Justice Ranjan Gogoi who would list it before an appropriate bench.
CJI Gogoi’s court however is currently in middle of the Ayodhya hearings and hence Chidambaram’s counsel appears to have not been able to mention the matter.
Justice Ramana also pointed out that the initial petition had some defects that needed to be rectified before listing. It is therefore unclear whether Chidambaram will manage to secure bail by the end of the apex court’s working day.
It is also unclear if investigative agencies actually wants custodial interrogation or merely have Chidambaram join the investigation.
The CBI and the Enforcement Directorate have filed caveat petitions in an attempt to ensure that no order will be passed by the court without first hearing them.
#INXMedia: As per Supreme Court Rules, I cannot mention it before Constitution Bench. When I come here (before Ramana J), Your Lordships say go to CJI.
We will give am undertaking that he will not go anywhere, says Sibal.
Justice Ramana declines to pass any order.
— Bar & Bench (@barandbench) August 21, 2019
Listing Registrar says defects have been cured just now in the Chidambaram petition. Caveats filed should be cleared. Once done, it will be listed by the CJI's office.
Sibal: CJI will rise only at 4 pm. That means it will not be heard today
1/2— Krishnadas Rajagopal (@kdrajagopal) August 21, 2019
Meanwhile, the Central Bureau of Investigation on Wednesday continued its efforts to locate Chidambaram even as the former finance minister’s legal team asked the agency not to take any coercive action against him until the Supreme Court ruled on his bail petition.
A team of officials went to the Chidambaram’s Jor Bagh residence Wednesday morning looking for him but had to return as he was not present there, officials said.
After the Delhi High Court refused to grant any protection from arrest to the former finance minister 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 the Supreme Court rules one way or the other.
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.
Also read: Chidambaram faces arrest after Delhi HC denies him anticipatory bail
“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 AM 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 AM 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 superintendents of police-rank officials, did not make it 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.
Also read: Chidambaram faces arrest in INX Media case: Here’s how the story unfolded
A team of officials returned to Chidambaram’s residence in 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.
Rahul and Priyanka defend PC
In separate tweets put out on Wednesday morning, Congress party leaders Rahul Gandhi and Priyanka Gandhi slammed the CBI’s actions and said it was a gross misuse of power.
Modi's Govt is using the ED, CBI & sections of a spineless media to character assassinate Mr Chidambaram.
I strongly condemn this disgraceful misuse of power.
— Rahul Gandhi (@RahulGandhi) August 21, 2019
An extremely qualified and respected member of the Rajya Sabha, @PChidambaram_IN ji has served our nation with loyalty for decades including as Finance Minister & Home Minister. He unhesitatingly speaks truth to power and exposes the failures of this government,
1/2— Priyanka Gandhi Vadra (@priyankagandhi) August 21, 2019
The CBI had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) 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.
(With inputs from PTI)