In a major blow for former finance minister P Chidambaram, the SC on Monday declined to convert his petition against rejection of anticipatory bail by the Delhi High Court into a petition for regular bail. The apex court also refused to "entertain" Chidambaram's petition against the CBI. The apex court, however, advised the former finance minister to seek regular bail from the concerned court, which means the special CBI court that sent him to four-day CBI custody on Thursday.
During the hearing, Justice R Banumathi observed that Chidambaram's plea against anticipatory bail has become infructuous and his lawyers had not yet filed a third petition against the CBI remand. “It has not been listed so far. And we can't pass order on listing. It is for the CJI to do”, said the SC.
Follow all the live updates in the case:
# Trouble mounts for Chidambaram! SC sends him to further CBI custody till August 30 in INX Media case.
# CBI court reserves the order on remand application of CBI seeking further remand of P Chidambaram in INX media case, reports ANI.
# P Chidambaram taken to Rouse Avenue court from the Central Bureau of Investigation (CBI) headquarters for hearing in INX Media case.
#Supreme Court restrains ED from arresting Chidambaram till Tuesday.
# Chidambaram being taken to Rouse Avenue Court from CBI headquarters.
# Custodial questioning of Chidambram will reveal truth, says ED. Sibal counters the ED saying he is sought to be made vicariously liable since he is the father. Sibal added that all the documents have been recovered, provisional attachment orders have also been passed and there is no need for custodial interrogation.
# Sources told Zee Media that CBI may seek five more days of remand for Chidambaram from Rouse Avenue Court in Delhi. Chidambaram's remand is ending today and CBI will have to produce him before Rouse Avenue Court today.
# ED claims that fake invoices of Rs 3.5 crore were raised to be finally paid to companies allegedly associated with Karti but where's the money? ED, admittedly, has been able to show transfer of just Rs 10 lakh. But under PMLA, the minimum then was Rs 30 lakh to attract charges: Sibal
# Sipal argues that the statements of all FIPB secretaries, who have given approval for INX Media, have been registered and no secretary has ever said that they have met KArti Chidambaram ever. He added that Karti was not the director or shareholder of Advantage Strategic Company, which has been accused of taking bribe money. Sibal says that Karti has already been granted bail in this case.
# Arguments in ED case resume in the Supreme Court after lunch break.
# Arguments begin in SC as judges arrive for hearing after lunch break.
# The Judges have taken a lunch break. The hearing will resume at 2.10 pm now.
# "ED questioned Chidambaram on 19.12.2018, 7.1.2019 and 21.1.2019 but he did not cooperate. Chidambaram is an influential person and has made changes in the shareholding pattern of shell companies to distance himself and his family. The international community believes that money laundering is a serious crime because India is a member of the international forum - financial action task force," ED added in its affidavit.
# The ED affidvit filed by ED in Supreme Court states:
- "It is not only the ED’s duty to the country to expose black money but also seize the money deposited in unnamed companies."
- "17 anonymous foreign bank accounts and 10 expensive assets purchased in India and abroad."
- "Chidambaram, former finance minister, former home minister or an ordinary citizen, should not be granted anticipatory bail and if the top court considers the petition of the accused, then it will be a mockery of justice."
# Sibal claims that SG's attempt to give documents in sealed covers is a serious procedural lapse and it completely defies the law of land.
# "ED doesn't maintain a case diary at all. And in any case, the law has been clear that neither the agency nor a court can use contents of a case diary as evidence," adds Sibal.
# Solicitor General Tushar Mehta responded to Sibal and said, "We haven't leaked it. In fact they should answer how was the entire case being discussed by their legal team across TV channels."
# Kapil Sibal also complains about ED's affidavit being leaked in the media even without having been filed before SC.
# Sibal also points out that the documents were given to the court in sealed covers. "How am I supposed to counter something which I don't even know what it is?" he questions.
Kapil Sibal in Supreme Court: It can’t be that they give or show any document to the court and I am not entitled to look into it. They leak it to media. They leaked the ED affidavit to the media. #Chidambaram https://t.co/dTupLBo0W6
— ANI (@ANI) August 26, 2019
# Chidambaram's counsel Sibal points out how ED sneaked in a note, which was copied by the Delhi HC in its final order.
# The SC is now hearing Chidambaram's petition seeking protection against ED arrest.
# The SC also refuses to hear Chidambaram's appeal challenging CBI arrest at this stage since the orders regarding listing have not yet come from the CJI.
# The Supreme Court asks Chidambaram to approach lower court in order to seek regular bail.
# Setback for Chidambaram as as the SC declines to pass order on his first petition against the CBI, observing that the plea is infructuous. "Can't entertain this after your arrest," says court
# Chidambaram's cousel Abhishek Manu Singhvi argues that his client can't be faulted when they were very diligent in approaching the apex court.
# The SC also observes that the third petition against the CBI's remand has not been listed so far. "And we can't pass order on listing. It is for the CJI to do," added Justice Bhanumathi.
# We can't convert your petition against rejection of anticipatory bail into a petition for regular bail: Justice Banumathi tells to Chidambaram's counsels
# Justice Banumathi raises questions over Chidambaram's appeal against HC order. "There is a Constitution Bench judgment on this point," says Justice Banumathi.
# If the arrest had taken place and I had filed it later, the petition against Delhi High Court would be infructuous. I have a right under law to be heard: Sibal to SC
Kapil Sibal arguing for P Chidambaram in Supreme Court: If the arrest had taken place and I had filed it later, the petition against Delhi High Court would be infructuous.
I have a right under law to be heard.
— ANI (@ANI) August 26, 2019
# Hearing of Chidambaram's pleas begins in SC. Chidambaram's counsel Kapil Sibal starts arguing.
# "It is respectfully submitted that the Financial Intelligence Unit (FIU) has given specific inputs of the petitioner-accused and his co-conspirators had accounts / valuable properties in Argentina, Austria, British Virginia Island, France, Greece, Malaysia, Monaco, Philippines, Singapore, South Africa, Spain and Sri Lanka," the ED has said.
# Of the three petitions filed by Chidambaram in the SC, the one against CBI's remand is not listed on Monday, the former finance minister's counsel Kapil Sibal mentions before the SC> Justice Banumathi says the necessary orders could not be obtained from CJI over the weekend.
# The ED has filed an affidavit in the SC in connection with the Chidamabaram-INX Media Case. In the affidavit, the ED has said that Chidambaram has properties in Austria, Argentina, France, British Virgin Islands, Malaysia, Monaco, Greece, Philipines, Srilanka, Singapore, South Africa and Spain.
# Chidambaram has submitted in his petition in the SC that that the observation made by the HC calling him the "kingpin" in the INX Media case was completely baseless and that the FIR was "politically motivated and an act of vendetta".
# "The Judge's observation that the petitioner is the kingpin i.e. the key conspirator in this case is completely baseless and supported by no material whatsoever. The judge has ignored the crucial fact that the petitioner simply approved the unanimous recommendation of the Foreign Investment Promotion Board (FIPB) which was chaired by Secretary, Economic Affairs and consisted of five other Secretaries to the Government of India," Chidambaram said in the petition.