The Rouse Avenue District Court House Complex in Delhi became the centre of media attention on Thursday as former Union Minister Palaniappan Chidambaram was presented here by the CBI before Special Judge Ajay Kumar Kuhar.
Solicitor General Tushar Mehta was arguing for the CBI, while Chidambaram, who was accompanied by his son Karti and wife Nalini, had Kapil Sibal and Abhishek Manu Singhvi as his advocates.
Earlier on Wednesday, the CBI had arrested the former finance minister from his residence at Jor Bagh, in connection with his role in the INX Media case, in which both, him and his son are the accused.
The hearing began at 3 PM. In his opening statements, Solicitor General Tushar Mehta accused Chidambaram of evading the questions asked to him by the CBI. He said these were questions which only he (Chidambaram) has information about, and added that the accused has the right to silence—but not the right to be evasive.
Mehta went on to explain the grounds on which Chidmabarm should be kept in police custody for 5 days, and went on to indict him of being non-cooperative. After stating that Chidambaram had assured to provide certain documents by August 22—which he hadn’t—Mehta drew attention to “gravity of the offence.” He said that considering the seriousness of the issue, custodial interrogation was needed to confront Chidambaram with relevant documents.
Mehta also said that Chidambaram had taken advantage of the protective cover provided to him by the Delhi High court, adding that his (Chidambaram’s) appearance would not lead to any beneficiary outcome if he is under this protective umbrella. He went on to conclude his arguments by terming the whole case as being one of ‘monumental magnitude’ and urged the court to send Chidambaram to police custody for 5 days.
In Chidambaram’s corner, Kapil Sibal opened his arguments by informing the court that the co-accused Karti Chidambaram had been granted regular bail by the Delhi HC and that the other accused i.e. Peter and Indrani Mukerjea, were out on default bail. Sibal argued that the FIPB sanctions were given by six secretaries of the Government of India and none of them had been arrested either. He also mentioned the name of former RBI governor Subba Rao and a member of Niti Aayog who hadn’t been arrested either. “You (prosecution) could have called him again,” he remarked, adding that his client hadn’t skipped any interrogation.
“When CBI says something has happened, it is not gospel truth—it is a matter of personal liberty,” he said.
“Please call for the record of his interrogation conducted on June 6, 2018, to see if he was evasive,” he added.
Sibal explained how the CBI had been unable to properly interrogate Chidambaram ever since the latter’s arrest the previous night. He informed the court that Chidambaram hadn’t slept the whole night and was ready for interrogation since 8 AM today.
According to Sibal, Chidambaram had even asked the CBI to question him again at 9:30 AM, but the investigating agency began questioning him only at noon—that too without having the questions prepared.
“He has already answered six out of the twelve questions asked him and hasn’t given evasive replies,” said Sibal. Targeting the government, Sibal said merely because the government wants a person in custody.
Sibal also asked about the evidence. He said if a transaction had taken place, then in that case, there should be evidence for the same. However, no information regarding the evidence had been presented.
“If documents are not produced, then give it in writing,” Sibal said.
Further arguments were made by A. M Singhvi. He raised a similar question as to why a certain urgency was being shown in arresting Chidambaram while there were six secretaries involved. He also raised concerns in taking Indrani Mukerjea’s statement after she turned approver.
Tushar Mehta tried intervening at this point and Singhvi snubbed him saying that he hadn’t finished his arguments.
“Bail is cancelled on the basis of at least three valid reasons, and not being cooperative is not enough,” he continued.
At this point, Tushar Mehta urged the court not to give any special treatment to Chidambaram as he is not an ordinary person. “He knows the law and he knows how not to answer,” said Mehta.
Singhvi then asked the CBI to ask the question(s) in the court, to which Tushar Mehta replied that no questions would be answered by Chidambaram inside the courtroom.
Throughout the entire duration of the proceedings, Chidambaram spoke just twice. He clarified that he didn’t have a foreign account but that his son did. He also denied being questioned about any transaction worth $5 million.
The final judgment was reserved for half an hour after the arguments concluded. Chidambaram appeared calm and composed during this time, as he spoke with his lawyers. In the meanwhile, Karti spoke with journalists. “This is all political drama, this real-life reality show,” he said. “Even after four raids and summoning me for more than 20 times, they (prosecution) haven’t found any evidence.”
When asked if he had spoken with father after his arrest on Wednesday night, Karti remarked: “Yes—and he asked me why hadn’t I shaved.”
He also accused the ruling party of targeting his father. “It is all political and I am grateful that the leaders of Congress are supporting us.”
At around 6 PM, Special Judge Ajay Kumar Kuhar passed an order granting CBI custody of Chidambaram till August 26. He said that Chidambaram’s family would have the liberty to meet him for half an hour on a daily basis and that he would be medically examined every 48 hours. The court also made it a point to mention that the dignity of the accused should not be violated under any circumstances.
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