Trial court proceedings in INX Media case stayed

Agency says trial court’s order reflects intrusion into the investigative process

The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board clearance granted to

INX Media group for receiving overseas funds of `305 crore in 2007 during Chidambaram’s tenure as finance minister.

The Delhi High Court on Tuesday stayed the proceedings before the trial court in the CBI’s INX Media corruption case involving Congress leader P. Chidambaram and his son Karti.

Justice Suresh Kumar Kait issued notice and sought responses of Chidambaram and others on the CBI’s plea challenging the trial court order directing the agency to allow inspection of documents kept in Malkhana (designated place in police station to store seized property) by the accused and their counsel.

The CBI has sought to set aside the special judge’s March 5, 2021 order to the extent that it directed CBI to allow inspection of documents kept in Malkhana by the respondents/ accused/ their counsel.

The agency contended that trial court’s order reflects intrusion into the investigative process of the CBI and if accused persons are allowed to inspect documents available at the malkhana, the same would subvert the probe and there is every likelihood that they may tamper with evidence available.

It added that this would impinge the power of the

CBI to enquire and investigate into the allegations of huge economic fraud and corruption at the highest level, having national and international ramifications.

It said out of 14 accused, only Karti had made the prayer inspect Malkhana documents, however, the trial court erroneously allowed all the accused to inspect it and exceeded the judicial powers by giving relief which was not prayed for.

Besides, the CBI has also sought setting aside the observations in the order which says that the agency is required to file or produce before the court all the documents collected by it during the course of investigation of the case and that the accused are also entitled to copies of such documents or inspections thereof, irrespective of the fact whether they

to are being relied upon by the CBI or not.

The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board clearance granted to INX Media group for receiving overseas funds of `305 crore in 2007 during Chidambaram’s tenure as finance minister. Thereafter, the ED had lodged the money laundering case.

The CBI, through advocate Anupam S. Sharma, said this case involves high level of corruption with wide ramifications on society and while the accused have a right to a fair trial, the collective interest of the society cannot be impinged.

A fair trial is not what the accused wants in the name of a fair trial but must soothe the ultimate justice. Although right of fair trial of the respondents/accused was not infringed, since all documents relied upon by petitioner-CBI were provided to the respondents/accused, it said.

It added that it is trite that the right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused and it also takes within its ambit and sweep the rights of the society at large.