Chidambaram's CBI Custody Order Accessed: Here's What Happens Next

General News

Republic accesses the Order Copy crushes down the arguments put forth by P. Chidambaram's Counsel and the Congress lawyers defending him from the CBI custody.

Written By Aishwaria Sonavane | Mumbai | Updated On:

The Special CBI Court has granted custody of Congress leader P. Chidambaram to the CBI in the INX media case after the agency complained that he was not cooperating in the probe. The order comes despite the former Union Minister's team pushing to hold back the custodial interrogation. 

Pronouncing the order in the Rouse Avenue Court, the Judge allowed CBI to take over the custody of Chidambaram for 5 days, until August 26 to quiz the former Finance Minister over corruption and money laundering case.

"Considering the facts and circumstances, I am of the view that police custody is justified," the judge said and remanded him to CBI’s custody till August 26 for the INX media case.

What next?

Earlier, the CBI had sought his 5-day custodial interrogation, saying there is a need to unearth a larger conspiracy, which was countered by Congress senior leader and Chidambaram's lawyer, Kapil Sibal. Besides Sibal, senior advocate and Congress leader Abhishek Manu Singhvi also appeared for Chidambaram and opposed CBI’s plea by saying that the former Union Minister was not a flight risk.

READ| Chidambaram Case: SC to hear plea against ED on Aug 27, CBI on Aug 23

Here's what will follow after the Court's order. 

  • The former Home Minister will be brought back to the CBI Headquarters in the national capital from the Court direct. 
  • P. Chidambaram will be subjected to a medical examination every 48 hours, during the 5 days of his detention in the CBI Headquarters. 
  • The court has also allowed the family members and lawyers of Chidambaram to meet him for half an hour every day during the CBI custody.

Here's a copy of the Order Copy

  • The order says, in point number 20,  “Considering all the facts and circumstances of the case brought to the court, I am of the view that police custody and remand of P Chidambaram is justified and accordingly, the accused is remanded till 26.08.2019” 
  • The order says, in point number 18, “The allegation made against the accused are serious in nature and there cannot be a dispute with the fact that a detailed and in-depth investigation is required in the present case.” Thus smacking Chidamabaram's argument that the CBI case against him has no basis.
  • The order says, in point number 18, "The allegations of payments being made to the accused in the year 2007, 2008-09 are specific in character." Pulling down the arrogant argument put forth by Congress senior leaders Sibal and Singhvi saying that the Court has no specific questions.
  • The order says, in point number 19, “The enormity of money allegedly involved in the case and the persons who are accused necessitate an in-depth investigation.” This crumbles the argument  of the Congress that case is 'vicious and malicious.' 
  • The order says, in point number 19, "It was submitted that the investigating agency did not call the accused for investigation since 06.06.18 but that in my view cannot be a ground to deny the investigating agency to conduct an effective investigation now."
  • The order says,  in point number 19, “Custodial interrogation is sometimes useful and fruitful”. 

CBI seeks custodial interrogation

Arrested by CBI, Congress' P. Chidambaram was produced before the Delhi High Court on Thursday over the INX case, wherein the agency sought 5-day custodial interrogation and put forth their arguments

Solicitor General Tushar Mehta, representing CBI in the case, argued that Chidambaram entered into a criminal conspiracy with others in the scam.

"He is not cooperating in the investigation," Mehta said, adding that he has been evasive in replies and grave offence was committed. The hearing is taking place before Special Judge Ajay Kumar Kuhar. Mehta said it is a serious and monumental case of money laundering. He said Chidambaram's custodial interrogation was necessary to unearth the "quid pro quo and larger conspiracy" and he is required to be confronted with documents. Mehta placed the Delhi High Court's judgement dismissing Chidambaram's anticipatory bail plea and also referred to the observations made in it.

CHe said the charge sheet has not been filed in the case yet and it is at pre-charge sheet stage, therefore, "we need a material which Chidambaram is holding". "Effective investigation is possible only in custodial interrogation," he argued. Mehta contended that serious, active and informed role of the accused is made out and the money trail is made out and has to be probed. Chidambaram's custodial interrogation required to get the answer of certain questions for effective probe, he said.

(with PTI inputs) 

READ| 'Chidambaram's arrest depressing', says West Bengal CM Mamata Banerjee

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