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INX-Media: Court sends Chidambaram to Tihar jail

In a double whammy, former finance minister P Chidambaram on Thursday was sent to judicial custody in Tihar jail till September 19 on a day when the Apex Court also rejected his plea challenging the Delhi High Court order that had refused anticipatory bail to him in the INX Media case.

INX-Media: Court sends Chidambaram to Tihar jail
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Published : Sep 5, 2019, 6:43 PM IST

Updated : Sep 5, 2019, 9:18 PM IST

New Delhi: A Delhi court Thursday sent former finance minister P Chidambaram to Tihar jail in the INX Media corruption case.

INX-Media: Court sends Chidambaram to Tihar jail

Giving its ruling on a CBI plea, the Special CBI court at Rouse Avenue allowed Chidambaram's application to provide separate cell to him with adequate security.

The Congress leader filed the application before the court seeking direction to ensure safe detention while in judicial custody. He also gave provisions of adequate security to him and detention in a separate cell.

Chidambaram's lawyers have also moved an application in the court stating that the Congress leader wants to surrender in ED case.

Chidambaram was in custody of the CBI after he was arrested in a midnight drama on August 21.

Senior Advocate Kapil Sibal appearing for Chidambaram said that the Congress should not be sent to judicial custody and can be sent to the Enforcement Directorate (ED) custody.

"As far as CBI is concerned why should I (P Chidambaram) be sent to judicial custody? They've asked all questions. I'm willing to go to ED's custody. I should not be sent to judicial custody," he said.

Chidambaram was produced in Rouse Avenue Court after the apex court' rejected his appeal against the Delhi High Court order rejecting his anticipatory plea in the INX Media case being probed by Enforcement Directorate (ED) saying that grant of anticipatory bail plea would definitely "hamper" effective investigation.

A bench of Justice R Banumathi and Justice AS Bopanna refused to extend protection from arrest by ED to Chidambaram and stated grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting useful information and also the "materials" which might have been "concealed".

"Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences, would definitely hamper the effective investigation. Having regard to the materials said to have been collected by the respondent-Enforcement Directorate and considering the stage of the investigation, we are of the view that it is not a fit case to grant anticipatory bail," they said.

The apex court said that refusal to grant anticipatory bail would not amount to the denial of the rights conferred upon the appellant under Article 21 of the Constitution of India.

"Ordinarily, the arrest is a part of the process of the investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to the discovery of material facts and relevant information. Grant of anticipatory bail may hamper the investigation," it said.

The CBI had on Tuesday filed an affidavit before the Supreme Court, requesting it not to entertain the petition filed by Chidambaram challenging his CBI custody, as it would set a "bad precedent".

Chidambaram, who was arrested by CBI on August 21, had challenged the order given by the trial court of sending him to the CBI custody.

Chidambaram is facing probe in cases registered by the CBI and the ED pertaining to alleged irregularities in the Foreign Investment Promotion Board clearance given to INX Media to the tune of Rs 305 crore in 2007 when he was the Union finance minister.

Also read: Ayodhya hearing LIVE: SC commences hearing for 20th day

New Delhi: A Delhi court Thursday sent former finance minister P Chidambaram to Tihar jail in the INX Media corruption case.

INX-Media: Court sends Chidambaram to Tihar jail

Giving its ruling on a CBI plea, the Special CBI court at Rouse Avenue allowed Chidambaram's application to provide separate cell to him with adequate security.

The Congress leader filed the application before the court seeking direction to ensure safe detention while in judicial custody. He also gave provisions of adequate security to him and detention in a separate cell.

Chidambaram's lawyers have also moved an application in the court stating that the Congress leader wants to surrender in ED case.

Chidambaram was in custody of the CBI after he was arrested in a midnight drama on August 21.

Senior Advocate Kapil Sibal appearing for Chidambaram said that the Congress should not be sent to judicial custody and can be sent to the Enforcement Directorate (ED) custody.

"As far as CBI is concerned why should I (P Chidambaram) be sent to judicial custody? They've asked all questions. I'm willing to go to ED's custody. I should not be sent to judicial custody," he said.

Chidambaram was produced in Rouse Avenue Court after the apex court' rejected his appeal against the Delhi High Court order rejecting his anticipatory plea in the INX Media case being probed by Enforcement Directorate (ED) saying that grant of anticipatory bail plea would definitely "hamper" effective investigation.

A bench of Justice R Banumathi and Justice AS Bopanna refused to extend protection from arrest by ED to Chidambaram and stated grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting useful information and also the "materials" which might have been "concealed".

"Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences, would definitely hamper the effective investigation. Having regard to the materials said to have been collected by the respondent-Enforcement Directorate and considering the stage of the investigation, we are of the view that it is not a fit case to grant anticipatory bail," they said.

The apex court said that refusal to grant anticipatory bail would not amount to the denial of the rights conferred upon the appellant under Article 21 of the Constitution of India.

"Ordinarily, the arrest is a part of the process of the investigation intended to secure several purposes. There may be circumstances in which the accused may provide information leading to the discovery of material facts and relevant information. Grant of anticipatory bail may hamper the investigation," it said.

The CBI had on Tuesday filed an affidavit before the Supreme Court, requesting it not to entertain the petition filed by Chidambaram challenging his CBI custody, as it would set a "bad precedent".

Chidambaram, who was arrested by CBI on August 21, had challenged the order given by the trial court of sending him to the CBI custody.

Chidambaram is facing probe in cases registered by the CBI and the ED pertaining to alleged irregularities in the Foreign Investment Promotion Board clearance given to INX Media to the tune of Rs 305 crore in 2007 when he was the Union finance minister.

Also read: Ayodhya hearing LIVE: SC commences hearing for 20th day

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INX-Media: Court sends Chidambaram to Tihar jail
          New Delhi, Sep 5 (PTI) A Delhi court Thursday sent former finance minister P Chidambaram to Tihar jail in the INX Media corruption case.
          Special Judge Ajay Kumar Kuhar sent Chidambaram to 14-day judicial custody till September 19.
          The court allowed him to carry his medicines to jail.
          Considering that he has Z-security, the court directed Chidambaram be kept in separate cell in the jail.
          Solicitor General Tushar Mehta assured that there will be adequate security for Chidambaram in jail.
          With regard to Chidambaram's plea seeking to surrender in the money laundering case, the court issued notice to ED.
          Chidambaram, 73, was produced before a Delhi court on Thursday after the expiry of his 2-day CBI custody in the case.
          Chidambaram's 15-day CBI custody, ordered by the special court in five spells, which started after his arrest on August 21 night, ends today. PTI PKS UK URD RKS
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Last Updated : Sep 5, 2019, 9:18 PM IST

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