6 years ago
New Delhi:
Former Union minister P Chidambaram cannot be arrested by the Enforcement Department till tomorrow, the Supreme Court said today. P Chidambaram is cooperating with the investigative agencies and he can't be compelled to give the answer the Enforcement Directorate wants, his legal team told the court.
During the hearing in the top court in the INX media case, the legal team also demanded Enforcement Directorate produce the transcript of their questioning session with the senior Congress leader, which, they claim is evidence that he was not evasive and was not asked the right questions.
The Supreme Court is today hearing a fresh petition filed by senior Congress leader and former finance minister P Chidambaram seeking anticipatory bail or protection from arrest from the Enforcement Directorate in the INX Media case.
Yesterday, the Supreme Court refused to take up his request for protection from arrest by the CBI, saying it was "infructuous" after his arrest last week. Arguments on Mr Chidambaram's second request for protection against arrest by the Enforcement Directorate were inconclusive. A third petition, challenging his arrest by the CBI, was not even listed.
Here are the live updates in the hearing in top court on petitions by P Chidambaram:
Produce Shred Of Evidence: P Chidambaram's Family Dares Centre In Statement
P Chidambaram's family, in statement, says, "We challenge the government to produce a shred of evidence". His son, Karti Chidambaram shared the statement on Twitter.
No Enforcement Directorate Arrest For P Chidambaram For Now: Top Court
Former Union Minister P Chidambaram cannot be arrested by the Enforcement Department till tomorrow, the Supreme Court said today, which hearing his appeal for protection from arrest. The senior Congress leader, arrested by the Central Bureau of Investigation, will remain in the agency's custody at least till Friday. But he is also being investigated by the Enforcement Directorate and has sought to protection from arrest.
During today's hearing in the top court, Mr Chidambaram's legal team demanded that the Enforcement Directorate produce the transcript of their questioning session with the senior Congress leader, which, they claim is evidence that he was not evasive and was not asked the right questions. The investigative agency, they also claimed, was bent on extracting confession from the 73-year-old.
During today's hearing in the top court, Mr Chidambaram's legal team demanded that the Enforcement Directorate produce the transcript of their questioning session with the senior Congress leader, which, they claim is evidence that he was not evasive and was not asked the right questions. The investigative agency, they also claimed, was bent on extracting confession from the 73-year-old.
The investigative agencies -- which arrested the former minister last week -- have applied for a further extension of Mr Chidambaram's custody. They contend that he has not cooperated with the investigation and that they need more time to question him.
Mr Chidambaram was questioned in the INX Media case on three occasions. He has challenged the agency's decision to arrest him, contending that he has answered to all their questions and the transcripts will prove that.
Appearing on behalf of Mr Chidambaram, senior advocate Kapil Sibal asked a bench of Justices R Banumathi and AS Bopanna to order the agency to produce the transcripts of the questioning conducted on December 19 last year, January 1 and 21 this year.
The agencies, he said, "are just producing documents at random and saying this is part of the case diary... They cannot place the documents behind the back and seek custody of accused".
The investigative agencies -- which arrested the former minister last week -- have applied for a further extension of Mr Chidambaram's custody. They contend that he has not cooperated with the investigation and that they need more time to question him.
Mr Chidambaram was questioned in the INX Media case on three occasions. He has challenged the agency's decision to arrest him, contending that he has answered to all their questions and the transcripts will prove that.
Appearing on behalf of Mr Chidambaram, senior advocate Kapil Sibal asked a bench of Justices R Banumathi and AS Bopanna to order the agency to produce the transcripts of the questioning conducted on December 19 last year, January 1 and 21 this year.
The agencies, he said, "are just producing documents at random and saying this is part of the case diary... They cannot place the documents behind the back and seek custody of accused".
P Chidambaram hearing to continue tomorrow.
On judgement by the Delhi High Court, Abhishek Singhvi said: "Judge by repeatedly using 'grave, grave, grave' in his judgment is only adding a subjective adjective. P Chidambaram is being humiliated daily."
P Chidambaram Cooperating With Probe Agency, Says His Lawyer
On behalf of P Chidambaram, his lawyer Abhishek Singhvi in top court today said "he is cooperating". "Mr Chidambaram can exercise his right to silence but he is not exercising and answering... how does this amount to evasion," he added.
"ED wants he must give answer what ED wants," he said.
Key Points During Hearing Before Lunch
- Senior advocate Kapil Sibal, appearing for P Chidambaram, told a bench of Justices R Banumathi and A S Bopanna that they have filed an application seeking direction to the ED to produce the transcripts of the questioning conducted on December 19 last year, January 1, 2019 and January 21, 2019 in the case.
- The transcripts will show whether P Chidambaram was evasive during his questioning, as alleged by the ED, Sibal said, news agency PTI reported.
- "They are just producing documents at random and saying this is part of the case diary," Mr Sibal said, adding, "They cannot place the documents behind the back and seek custody of accused."
- Mr Singhvi argued that the Prevention of Money Laundering Act (PMLA) was amended in 2009 whereas the allegations in the case are of 2007-2008.
- "You try and paint a person as a kingpin when these alleged offences did not exist at that time," he told the court during the arguments which will continue in the post lunch session.
Hearing begins in top court after lunch.
Hearing to resume in top court after lunch
On behalf of P Chidambarram, lawyer Abhishek Singhvi said "I am not obliged to give answer of ED choice. I can answer as per my choice. ED can't compel me to answer."
On Monday, the court extended till Tuesday the protection from arrest given to Chidambaram in the INX Media money laundering case lodged by the ED.
The hearing is on before the top court bench of Justices R Banumathi and A S Bopanna.
Taking a dig at the ED, senior advocate Kapil Sibal said the agency cannot place documents in the court randomly and "behind the back" for seeking custody of the accused.
During the hearing, P Chidambaram's lawyer Abhishek Singhvi told the court: "ADM Jabalpur judgement ( suspending the fundamental rights - during emergency) should not have been overruled."
P Chidambaram has filed a petition in Supreme Court to supply the transcripts of the questioning, says his lawyer Kapil Sibal in the top court.
