ED ALLOWED TO QUIZ, ARREST CHIDAMBARAM IF NEEDED
NEWDELHI: A Delhi court on Tuesday allowed the Enforcement Directorate to interrogate former Union minister P Chidambaram in Tihar jail and if required, arrest him and seek his custodial remand in connection with his alleged role in money laundering related to the INX Media case.
Special judge Ajay Kumar Kuhar said if the grounds specified in the Prevention of Money Laundering Act (PMLA) are made out, the Congress politician, who is in Tihar in a corruption complaint registered by the CBI, can be arrested.
Separately, in the Supreme Court, Chidambaram’s lawyers said the CBI and ED had hatched a “game plan” to delay his release in the case. The court fixed Wednesday to hear the case.
NEWDELHI:A Delhi court on Tuesday allowed the Enforcement Directorate (ED) to interrogate former Union minister P Chidambaram in Tihar jail and, if required, arrest him and seek his custodial remand in connection with his alleged role in money laundering related to the INX Media case.
Special judge Ajay Kumar Kuhar said ED can seek permission to interrogate Chidambaram, who is in Tihar in a corruption complaint registered by the Central Bureau of Investigation (CBI) in connection with the INX case.
If the grounds specified in the Prevention of Money Laundering Act (PMLA) are made out, the Congress politician can be arrested, judge Kuhar said. The court also dismissed an application by Chidambaram seeking recall and withdrawal of the production warrant passed by the court on October 11 seeking his presence in court at ED’s request. Separately, in the Supreme Court, Chidambaram’s lawyers said CBI and ED had hatched a “game plan” to delay his release from custody.
CBI registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007, when Chidambaram was the Union finance minister. ED later also filed a money laundering case against him.
Judge Kuhar acted on an application by the ED seeking custodial interrogation of Chidambaram. The 74-year-old Rajya Sabha member will be produced in court on October 17 at the end of his judicial custody. He was arrested by the CBI for alleged corruption on August 21.
The judge said that ED’s application for remand was premature. He said the application for arrest of the accused was being treated as an application for interrogation of the accused and the probe agency was allowed to question the former Union minister in jail. Chidambaram’s son Karti refused to comment on the order by the court.
On Tuesday, as soon as the court pronounced its order, solicitor general Tushar Mehta said he would want to interrogate Chidambaram in the courtroom or in a so-called Ahlmad room (rooms attached to the court rooms where records are kept). Objecting, Kapil Sibal, who represents Chidambaram, said his client should not be interrogated in the court and the procedure of arrest should be completed on Wednesday. “The court premises was not considered conducive for the interrogation of the accused P Chidambaram, the court, therefore, gave an option to the Investigating Officer (IO) to interrogate the accused in prison where he is in judicial custody,” the judge said in his order.
The order said he may be interrogated by the Investigation Officer on October 16 after 8.30am and the jail superintendent shall find a secure place for interrogation on the jail premises. The court also said that ED should inform it once the accused has been arrested. The judge said he would pass the order on the remand on Thursday, when Chidambaram will be produced at the end of his judicial custody.
Sibal told the Supreme Court , “Today is the 55th day of custody. The idea is to complete the custody for 60 days and the game plan is to seek his judicial remand for further time. They have not interrogated him since September 5,” he argued.
“Now they object to his bail saying he would tamper with the evidence, influence witnesses and is a flight risk. There is no evidence on record. The FIR was registered on May 15, 2017, he has not gone anywhere out of the country from May 15 till date,” Sibal submitted.
An SC bench led by justice R Banumathi refused to postpone the matter on CBI’s request. Sibal opened the arguments for Chidambaram. Since the hearing remained inconclusive, the court fixed Wednesday to hear the case. Chidambaram is before the Supreme Court against a Delhi high court order rejecting his plea to release him on bail.
Senior counsel Abhishek Manu Singhvi said Chidambaram fulfilled the triple test doctrine evolved by the apex court wherein it was held that bail can be granted when the accused is cooperating, is not a flight risk, and is not tampering with evidence or influencing witnesses.
DELHI COURT SAYS HE CAN BE ARRESTED IF PMLA GROUNDS MADE OUT; HIS LAWYERS ALLEGE IN TOP COURT THAT ED, CBI TRYING TO DELAY HIS RELEASE