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LIVE: SC extends interim protection granted to Chidambaram, reserves order for Sept 5

LIVE: SC extends interim protection granted to Chidambaram, reserves order for Sept 5

Chidambaram

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Published : Aug 29, 2019, 12:03 PM IST

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Updated : Aug 29, 2019, 7:02 PM IST

16:39 August 29

SC will hear Chidambaram's petition challenging trial court order on Sept 2

SC will hear Chidambaram's petition, challenging the August 22 order of the trial court remanding him to CBI custody in the INX media case, on September 2.

The bench has also asked ED to submit the sealed cover after authentication and has listed the matter of challenging the CBI remand on monday next week.

Contending the retrospectivity, he said that the argument raised earlier was section 13 which came in 2009 and the offence was in 2007. He said, "It is not retrospective as section 8 was there as scheduled offence since the beginning referred to the orignal gazette." He also said that it is not retrospective as the laundering is still continuing.

Kapil Sibal and AM Singhvi responding to the arguments submitted by Mehta, said that they never wanted the material but just asked to test the material which was produced before the accused. Sibal also said that conclusion of the ED note had became the conclusion of the judge.

16:36 August 29

SC reserves its order for Sept 5

The Supreme Court reserves its order on P Chidambaram's plea seeking anticipatory bail in the INX media case for September 5. The apex court also extended interim protection granted to Chidambaram from ED arrest till September 5.

16:20 August 29

This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019 " class="align-text-top noRightClick twitterSection" data="
This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019
">
This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019

Karti Chidambaram reacts on the ongoing hearing in Chidambaram's plea against Delhi HC order which dismissed his anticipatory bail plea on reasons of 'gravity' of offence and 'evasive' nature of replies to petitioners.

16:13 August 29

PMLA is not preventive detention - Singhvi

Singhvi: They (agency) must disclose the question and the answer because it is not my saying that he has been evasive.

It is also noted that Delhi HC judge who dismissed Chidambaram's anticipatory bail plea in INX media case was appointed the chairman of the Appellate Tribunal for Prevention of Money Laundering (PMLA) act.

Justice Guar had cited 'gravity' of offence and 'evasive' nature of P Chidambaram as factors behind rejecting the anticipatory bail plea.

16:07 August 29

Abhishek Manu Singhvi, the counsel for the former Finance Minister: It is not a case of an accused seeking material against him.

Singhvi objects clarifies that objection is related to submission of sealed cover to Delhi HC judge after the conclusion of proceedings.

15:48 August 29

Sealed covers are not supposed to seal the fate of the man: Sibal

Sibal: Neither the accused can ask for the diary nor the agency can rely on it. Only the court can call it during a trial. Lets assume that CBI doesn't file a chargesheet for next three years. They also do not file a complain for next 4 years. What happens to the accused? So the accused does not get bail for 4 years? Is this the law? Sealed covers are not supposed to seal the fate of the man

Kapil Sibal stresses the need to test the material based on which P Chidambaram has been arrested by the agency.

15:25 August 29

Sibal raises question over ED's counter affidavit

Raising questions about the counter affidavit filed by the ED which asserts that the material was put in front of former finance minister for confrontation and he was evasive, Sibal said, "They had the material, they put it to him, he was non-cooperative and evasive. All that your lords need to see is that was their material put? That is their case, not mine."

15:21 August 29

HC denied bail on 2 reasons, can't go beyond: Sibal

Beginning his rejoinder arguments, senior advocate Kapil Sibal, the counsel for Chidambaram, said, "The two reasons based on which High Court had denied the anticipatory bail was gravity and evasive. We cannot go beyond."

This was in response to SG Tushar Mehta, who had cited various reasons to deny bail.

14:51 August 29

HC judgment said records were examined: SG Mehta

"In the High Court judgment, at two places the judges had said that records were examined on which the anticipatory bail had been rejected. The material is ready in a sealed cover, which I will submit if the Court agress to examine it," Mehta said.

14:44 August 29

SG Mehta argues on Section 45 of PMLA

Resuming his submissions, SG Tushar Mehta argued on Section 45 of the PMLA that provides twin conditions for release of an accused on bail.

13:10 August 29

Bench rises for lunch, hearing to continue at 2 pm.

13:09 August 29

Concealment of proceeds of crime an independent offence: SG Mehta

Countering Singhvi's argument on retrospectivity, Mehta said that section 8 of the PMLA was there in the PMLA Act from the very beginning. "Bribe was added to the schedule in 2009. Concealment of proceeds of crime is a separate, standalone and independent offence," he said.

Pertinently, Singhvi had earlier argued that ED had lodged the case in 2017 whereas the offences alleged are of the period 2007-2008.

12:54 August 29

Gravity of offence an important factor: SG Mehta

Countering Abhishek Manu Singhvi, the counsel for Chidambaram, who had siad 'gravity' is a subjective word, Mehta said that gravity of an offence is an important factor to be considered while entertaining petitions for anticipatory bail, adding that the apex court has held economic offences as 'very grave'.

"Quantum of punishment is no judgment for gravity of an offence. The prison term is not relevant, but what is relevant is the impact of the offence on the society and on the nation," he added.

12:32 August 29

Chidambaram wants court, not agency to decide manner of investigation: SG Mehta

Adding that the method of investigation is left entirely to the investigating authority, SG Mehta said that the petitioner (Chidambaram) wants the court and not the agency to decide how the investigation should proceed.

12:15 August 29

Accused will get a chance to erase money trail: SG Mehta

SG Mehta further argued that the if the accused is confronted with the evidence collected by the agency, it will give a chance to the accused to tamper with evidence and erase the money trail. "The art of investigation is that the agency decides what information to reveal, what not to reveal," he said.

12:12 August 29

Various other cases will be affected: SG Mehta

SG Mehta added that if the court accepts the proposal, it would have devastating ramifications. He said high-profile cases like that of Vijay Mallya, Mehul Choksi, Nirav Modi, and Zakir Naik will be affected.

12:07 August 29

Proposition made by Sibal absurd: SG Mehta

Continuing his submissions for the ED, Soilicitor General Tushar Mehta said that the proposition made by Kapil Sibal, the counsel for Chidambaram, that the court should examine whether an accused has been evasive after examining the questions and answers put to him based on evidence collected is absurd.

11:53 August 29

LIVE: SC extends interim protection granted to Chidambaram, reserves order for Sept 5

New Delhi: A Supreme Court bench comprising of Justices R Banumathi and AS Bopanna resumed hearing the arguments of the Enforcement Directorate on former finance minister P Chidambaram's petitions in the INX Media case on Thursday.

16:39 August 29

SC will hear Chidambaram's petition challenging trial court order on Sept 2

SC will hear Chidambaram's petition, challenging the August 22 order of the trial court remanding him to CBI custody in the INX media case, on September 2.

The bench has also asked ED to submit the sealed cover after authentication and has listed the matter of challenging the CBI remand on monday next week.

Contending the retrospectivity, he said that the argument raised earlier was section 13 which came in 2009 and the offence was in 2007. He said, "It is not retrospective as section 8 was there as scheduled offence since the beginning referred to the orignal gazette." He also said that it is not retrospective as the laundering is still continuing.

Kapil Sibal and AM Singhvi responding to the arguments submitted by Mehta, said that they never wanted the material but just asked to test the material which was produced before the accused. Sibal also said that conclusion of the ED note had became the conclusion of the judge.

16:36 August 29

SC reserves its order for Sept 5

The Supreme Court reserves its order on P Chidambaram's plea seeking anticipatory bail in the INX media case for September 5. The apex court also extended interim protection granted to Chidambaram from ED arrest till September 5.

16:20 August 29

This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019 " class="align-text-top noRightClick twitterSection" data="
This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019
">
This sealed cover business must stop in our judicial process https://t.co/114XpeeYhw
— Karti P Chidambaram (@KartiPC) August 29, 2019

Karti Chidambaram reacts on the ongoing hearing in Chidambaram's plea against Delhi HC order which dismissed his anticipatory bail plea on reasons of 'gravity' of offence and 'evasive' nature of replies to petitioners.

16:13 August 29

PMLA is not preventive detention - Singhvi

Singhvi: They (agency) must disclose the question and the answer because it is not my saying that he has been evasive.

It is also noted that Delhi HC judge who dismissed Chidambaram's anticipatory bail plea in INX media case was appointed the chairman of the Appellate Tribunal for Prevention of Money Laundering (PMLA) act.

Justice Guar had cited 'gravity' of offence and 'evasive' nature of P Chidambaram as factors behind rejecting the anticipatory bail plea.

16:07 August 29

Abhishek Manu Singhvi, the counsel for the former Finance Minister: It is not a case of an accused seeking material against him.

Singhvi objects clarifies that objection is related to submission of sealed cover to Delhi HC judge after the conclusion of proceedings.

15:48 August 29

Sealed covers are not supposed to seal the fate of the man: Sibal

Sibal: Neither the accused can ask for the diary nor the agency can rely on it. Only the court can call it during a trial. Lets assume that CBI doesn't file a chargesheet for next three years. They also do not file a complain for next 4 years. What happens to the accused? So the accused does not get bail for 4 years? Is this the law? Sealed covers are not supposed to seal the fate of the man

Kapil Sibal stresses the need to test the material based on which P Chidambaram has been arrested by the agency.

15:25 August 29

Sibal raises question over ED's counter affidavit

Raising questions about the counter affidavit filed by the ED which asserts that the material was put in front of former finance minister for confrontation and he was evasive, Sibal said, "They had the material, they put it to him, he was non-cooperative and evasive. All that your lords need to see is that was their material put? That is their case, not mine."

15:21 August 29

HC denied bail on 2 reasons, can't go beyond: Sibal

Beginning his rejoinder arguments, senior advocate Kapil Sibal, the counsel for Chidambaram, said, "The two reasons based on which High Court had denied the anticipatory bail was gravity and evasive. We cannot go beyond."

This was in response to SG Tushar Mehta, who had cited various reasons to deny bail.

14:51 August 29

HC judgment said records were examined: SG Mehta

"In the High Court judgment, at two places the judges had said that records were examined on which the anticipatory bail had been rejected. The material is ready in a sealed cover, which I will submit if the Court agress to examine it," Mehta said.

14:44 August 29

SG Mehta argues on Section 45 of PMLA

Resuming his submissions, SG Tushar Mehta argued on Section 45 of the PMLA that provides twin conditions for release of an accused on bail.

13:10 August 29

Bench rises for lunch, hearing to continue at 2 pm.

13:09 August 29

Concealment of proceeds of crime an independent offence: SG Mehta

Countering Singhvi's argument on retrospectivity, Mehta said that section 8 of the PMLA was there in the PMLA Act from the very beginning. "Bribe was added to the schedule in 2009. Concealment of proceeds of crime is a separate, standalone and independent offence," he said.

Pertinently, Singhvi had earlier argued that ED had lodged the case in 2017 whereas the offences alleged are of the period 2007-2008.

12:54 August 29

Gravity of offence an important factor: SG Mehta

Countering Abhishek Manu Singhvi, the counsel for Chidambaram, who had siad 'gravity' is a subjective word, Mehta said that gravity of an offence is an important factor to be considered while entertaining petitions for anticipatory bail, adding that the apex court has held economic offences as 'very grave'.

"Quantum of punishment is no judgment for gravity of an offence. The prison term is not relevant, but what is relevant is the impact of the offence on the society and on the nation," he added.

12:32 August 29

Chidambaram wants court, not agency to decide manner of investigation: SG Mehta

Adding that the method of investigation is left entirely to the investigating authority, SG Mehta said that the petitioner (Chidambaram) wants the court and not the agency to decide how the investigation should proceed.

12:15 August 29

Accused will get a chance to erase money trail: SG Mehta

SG Mehta further argued that the if the accused is confronted with the evidence collected by the agency, it will give a chance to the accused to tamper with evidence and erase the money trail. "The art of investigation is that the agency decides what information to reveal, what not to reveal," he said.

12:12 August 29

Various other cases will be affected: SG Mehta

SG Mehta added that if the court accepts the proposal, it would have devastating ramifications. He said high-profile cases like that of Vijay Mallya, Mehul Choksi, Nirav Modi, and Zakir Naik will be affected.

12:07 August 29

Proposition made by Sibal absurd: SG Mehta

Continuing his submissions for the ED, Soilicitor General Tushar Mehta said that the proposition made by Kapil Sibal, the counsel for Chidambaram, that the court should examine whether an accused has been evasive after examining the questions and answers put to him based on evidence collected is absurd.

11:53 August 29

LIVE: SC extends interim protection granted to Chidambaram, reserves order for Sept 5

New Delhi: A Supreme Court bench comprising of Justices R Banumathi and AS Bopanna resumed hearing the arguments of the Enforcement Directorate on former finance minister P Chidambaram's petitions in the INX Media case on Thursday.

Intro:Body:

Chidambaram

Conclusion:

Last Updated : Aug 29, 2019, 7:02 PM IST

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