New Delhi: The Delhi High Court on Monday sought the stand of the CBI on pleas by former Union minister P Chidambaram and his son Karti Chidambaram seeking to defer arguments on framing of charges in the INX media case. Justice Manoj Kumar Ohri issued notice to the investigating agency on the petitions and said "let response be filed".
The senior counsel appearing for the two Congress leaders argued that the arguments on framing of charges ought not to commence before the trial court as the investigation was still pending. CBI's counsel said there was sufficient material to show "demand of bribe" and framing of charges should not be stopped on account of any pending investigation.
The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during P Chidambaram's tenure as finance minister.
In the pleas before the high court, Chidambaram and Karti, who were represented by senior advocate Sidharth Luthra and advocate Akshat Gupta, have assailed a trial court order refusing to defer the arguments of charge.
Luthra said the chargesheet filed by the CBI in the case was incomplete and the accused persons were yet to be given access to all the material collected by the agency as probe on certain aspects was going on. "You have been doing investigation since 2017. If you choose to be lackadaisical, should I proceed to argue on charge? It can't be an unfair battle," he said.
Karti, in his plea, said the necessity of further investigation being concluded before consideration of charge impacts his right to fair trial under Article 21 of the Constitution.
"The Ld. Special Judge failed to appreciate that the alleged offence pertains to a period of 2007-08, for which, the said FIR was registered by the CBI on 15.05.2017. Thereafter, the chargesheet in relation to the said FIR was filed on 17.10.2019, after investigation for over 2.5 years," the plea stated.
It said more than 17 years have lapsed since the period of the alleged offence and about seven years have lapsed since the commencement of investigation. Yet further investigation remains pending even as on date, it said.
"The Ld. Special Judge failed to appreciate that further investigation cannot be a never ending or an endless exercise as it has the effect of delaying the proceedings and, thereby, violating the right to fair and speedy trial, which includes the right to fair and speedy investigation, under Article 21 of the Constitution," added the plea.
P Chidambaram was arrested by the CBI in the INX Media corruption case on August 21, 2019. On October 16 that year, the ED arrested him in a related money laundering case. Six days later, on October 22, 2019, the apex court granted bail to Chidambaram in the case lodged by the CBI. In the ED case, he got bail on December 4, 2019.
Karti Chidambaram was arrested by the CBI in February 2018 and he was granted bail in March 2018 in the INX Media corruption case. The matter would be heard next on November 29.
