Tag: INX Media

  • INX Media case: HC judge recuses from hearing ED’s plea against order to provide documents to PC

    By PTI

    NEW DELHI: A Delhi High Court judge Monday recused from hearing the Enforcement Directorate’s (ED) plea challenging a trial court’s order directing it to provide various documents to former Union Minister P Chidambaram and his son Karti Chidambaram concerning the INX Media money laundering case.

    Justice Chandra Dhari Singh said, “I am not hearing this matter. I am transferring it.”

    The judge said the petition be listed before another bench on March 16.

    The ED, through advocate Amit Mahajan, has challenged the trial court’s January 25, 2020 order by which the agency was directed to provide a scanned copy of the list of all unrelied upon documents to prevent any further delay in the case.

    The trial court’s order was passed on two applications by Chidambaram and his son Karti seeking inspection of unrelied upon documents by the ED.

    In the same case, the Delhi High Court on November 10, 2021, had dismissed the CBI’s plea challenging the trial court’s order allowing inspection of documents by Chidambaram and his son in the INX Media corruption case.

    Chidambaram was arrested by the Central Bureau of Investigation (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 had granted bail to Chidambaram in the case lodged by the CBI. In the ED case, he had got bail on December 4, 2019.

    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 Chidambaram’s tenure as finance minister.

    Subsequently, the ED had lodged the money laundering case.

    The former Union Minister’s son Karti Chidambaram was arrested by CBI in February 2018 and he was granted bail in March 2018 in the INX Media corruption case.

  • INX Media case: Can’t allow inspection of seized documents by accused, CBI tells Delhi HC

    By PTI

    NEW DELHI: As investigation in the INX media case is still on, the accused — Congress leader P Chidambaram and his son Karti — cannot be allowed inspection of the seized documents as it may result in tampering of evidence, the CBI told the Delhi High Court on Friday.

    Justice Mukta Gupta, who was hearing CBI’s challenge to a trial court order allowing inspection of documents kept in ‘Malkhana’ (room keeping case properties) by the accused and their counsel, said that the issue of inspection has been settled by the Supreme Court in favour of the accused.

    “For most of the things, onus has been shifted to the accused. Law also has to progress. Every investigating agency seizes 1000 documents. They rely on 500 and keep 500. It is not your property. They may have exculpatory material for the accused,” said the judge who expressed her inclination to dismiss the petition.

    The court reserved its order on CBI’s petition and allowed the agency as well as the accused to file their written submissions.

    “Interim order to continue,” it stated.

    CBI counsel Anupam S Sharma submitted that “secrecy is important” in the case as the investigation was still going on.

    “Then you say that trial will stop till you complete the investigation. You tell me how much time your further investigation will take and then it will be decided (subsequently) which document is to be given,” the court responded.

    The court stated that the apex court, in a case pertaining to the deficiencies in criminal trials, has said that an accused can ask for seized documents which have not been relied upon by the prosecuting agency.

    “We have forgotten what basic criminal law is. Para 11 (of the Supreme Court order) is for agencies like you who are creating hurdle in every matter,” the court remarked.

    The judge informed that the relevant high court rules on the issue would be notified soon.

    CBI counsel contended that the Supreme Court order speaks of providing a list of the documents which have not been relied upon by the prosecution.

    The high court had on May 18 stayed trial proceedings in the case involving Chidambaram and his son Karti.

    It had also issued notice and sought responses of Chidambaram and others on the CBI’s plea.

    The CBI has sought to set aside the special judge’s March 5, 2021 order to the extent that it directed CBI to allow inspection of documents kept in Malkhana by the respondents/accused/ their counsel.

    Besides, the CBI has also sought setting aside the observations in the order which says that the agency is required to file or produce before the court all the documents collected by it during investigation.

    The trial court had also said that the accused are entitled to copies of such documents or inspections thereof, irrespective of the fact whether they are being relied upon by the CBI or not.

    In its plea before the high court, the CBI had said that this case involved high level of corruption with wide ramifications for the society, and while the accused have a right to a fair trial, the collective interest of the society could not be impinged upon.

    A fair trial is not what the accused wants in the name of a ‘fair trial’ but it must soothe the ultimate goal of justice.

    Although right to fair trial of the respondents/ accused was not infringed, since all documents relied upon by petitioner (CBI) were provided to them, it said.

    The agency contended that the very essence of trial is to unearth the truth for which the court cannot assist the accused in search of a plausible defence.

    The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram’s tenure as finance minister.

    Thereafter, the ED had lodged the money laundering case.

    Chidambarams are on bail in the case.

  • HC to hear on Monday CBI’s plea in INX Media corruption case involving Chidambaram, others

    By PTI

    NEW DELHI: The Delhi High Court is scheduled to hear on Monday the CBI’s plea in the INX Media corruption case involving Congress leader P Chidambaram and his son Karti.

    The CBI has challenged a trial court’s order directing the agency to allow inspection of documents kept in the ‘malkhana’ (room where case properties are kept) by the accused and their counsel.

    The plea is listed for hearing before Justice Mukta Gupta.

    The high court had on May 18 stayed trial proceedings in the case involving Chidambaram and his son Karti.

    It had also issued notice and sought responses of Chidambaram and others on the CBI’s plea.

    The CBI has sought to set aside the special judge’s March 5, 2021 order to the extent that it directed the CBI to allow inspection of documents kept in malkhana by the respondents/accused/ their counsel.

    Besides, the CBI has also sought setting aside the observations in the order which says that the agency is required to file or produce before the court all the documents collected by it during investigation.

    The trial court had also said that the accused are also entitled to copies of such documents or inspections thereof, irrespective of the fact whether they are being relied upon by the CBI or not.

    The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram’s tenure as finance minister.

    Thereafter, the ED had lodged the money laundering case.

    The CBI had said this case involved high level of corruption with wide ramifications on society and while the accused have a right to a fair trial, the collective interest of the society cannot be impinged.

    “A fair trial is not what the accused wants in the name of a fair trial but must soothe the ultimate justice. Although right of fair trial of the respondents/accused was not infringed, since all documents relied upon by petitioner-CBI were provided to the respondents/accused,” it has said.

    It has added that it is trite that the right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused and it also takes within its ambit and sweep the rights of the society at large.

    The agency has contended that the very essence of trial is to unearth the truth for which the court cannot assist the accused in search of a plausible defence.

    “This is against all principles of fair trial and due process of law. It is the basic principle of criminal law that though it is the duty of the prosecution to prove its case, however, the accused is supposed to either give the true version before the court or remain silent.”

    “An accused cannot build a false and imaginary defence, after examining the documents. A false defence is a circumstance which incriminates the accused,” the CBI has said in its petition.

    It has alleged that the trial court’s order reflected intrusion into the investigative process of the CBI which is impermissible in law and the special judge lost sight of the fact that further investigation in the present matter is underway and if the accused persons are allowed to inspect documents available at the malkhana, the same would subvert the probe and there is every likelihood that they may tamper with evidence available.

    “Secrecy is a pre-requisite of investigation into any offence. Confidentiality and insulation of the investigating agency and its investigation from leaks and disclosures at every stage has to be ensured”, it has said.

    It has added that this would impinge the power of the CBI to enquire and investigate into the allegations of huge economic fraud and corruption at the highest level, having national and international ramifications.

    “One cannot lose sight that the respondents/accused are highly influential people having huge resources, which can be gathered from the very fact that during the course of arguments, the respondents/accused referred to and also filed along with their applications, extracts/pages of relevant rules of the CBI Crime Manual 2020, although it is a restricted document and is meant for internal circulation within the CBI,” it has said.

    Seeking to set aside the trial court’s order, the agency has said the legitimate aim would suffer irreparably if protection is not given to the documents and record which was permitted to be inspected by the accused.

    It has said out of 14 accused, only Karti had made the prayer to inspect malkhana documents, however, the trial court erroneously allowed all the accused to inspect it and exceeded the judicial powers by giving relief which was not prayed for.

    “Further, not all respondents/accused preferred applications under Section 207 CrPC, however, documents were directed to be supplied to all of them and also, inspection was also permitted to all,” it has said.

    The Chidambarams are already out on bail in the case.

    The court had earlier granted interim bail to other accused on a personal bond of Rs 2 lakh and one surety of the like amount.

    Chidambaram was taken into custody on August 21, 2019 when he was arrested by the Central Bureau of Investigation (CBI) in the INX Media corruption case.

    On October 16, 2019, the ED arrested him in the separate money-laundering case.

    Six days later, on October 22, 2019, the apex court had granted him bail in the case lodged by the CBI.

    On December 4, 2019, after 105 days of custody, Chidambaram was granted bail by the Supreme Court in the money laundering case lodged by the ED.

  • INX Media case: Court allows CBI to probe documents received from Switzerland

    By PTI
    NEW DELHI: A Delhi court Monday allowed the CBI to investigate certain documents received from the Switzerland authorities in execution of Letter Rogatory (LR) in relation to INX Media corruption case allegedly involving former Union Minister P Chidambaram.

    Special Judge M K Nagpal also permitted the agency to prepare a working copy of the data stored in the data carrier in encrypted form, so that it can be used for the day to day investigation of the case.

    “However, the working copy of the data be prepared after taking all the requisite precautions and all the requisite formalities as per law to ensure that the evidentiary value of the said evidence/documents may not be destroyed or diminished,” the court said.

    CBI told the court that during the course of investigation of the case, one LR to the competent authorities of Switzerland was issued by the court on July 13, 2018 on the request of CBI seeking mutual legal assistance in the matter of investigation in Switzerland.

    It added that the “LR stands already executed by the concerned authorities of Switzerland” and it furnished the “evidence/documents collected by them during the course of execution of the said LR” that also included a sealed packet containing an encrypted electronic data carrier.

    Letters Rogatory is a formal communication in writing sent by the Court in which action is pending to a foreign court requesting judicial assistance.

    The most common remedies sought by letters rogatory are service of process and taking of evidence.

    In August 2019, the CBI had arrested former finance minister P Chidambaram.

    Subsequently, it had filed a Chargesheet against him and 13 others.

    CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram’s tenure as finance minister.