Tag: INX Media Case

  • INX Media: Delhi HC dismisses CBI challenge to order allowing Chidambaram to inspect documents

    By PTI

    NEW DELHI: The Delhi High Court on Wednesday dismissed the CBI’s challenge to a trial court order allowing inspection of documents by Congress leader P Chidambaram, son Karti Chidambaram and other accused in the INX media case.

    The CBI had sought to set aside a special judge’s March 5 order that directed the agency to allow inspection of documents kept in the ‘malkhana’ (room where case properties are kept) by the accused or their counsel.

    “The petition is dismissed,” said Justice Mukta Gupta.

    The investigating agency had opposed the inspection of documents on the grounds that the probe in the INX media case, in which the Chidambarams are accused, is still ongoing, and that it may result in evidence tampering.

    In its plea before the high court, the CBI had submitted that the INX Media 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 society could not be impinged.

    “A fair trial is not what the accused wants in the name of a fair trial but it must soothe the ultimate justice. Although right to fair trial of the respondents/accused was not infringed, since all documents relied upon by petitioner (CBI) were provided to the respondents/accused,” it had 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 high court had on May 18 stayed trial proceedings in the case involving Chidambaram and his son.

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

    The agency 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.

    The Chidambarams are on bail in the case.

  • Delhi HC extends stay on trial court proceedings in INX Media case

    By PTI

    NEW DELHI: The Delhi High Court Monday extended the stay on trial court proceedings in CBI”s INX Media corruption case in which Congress leader P Chidambaram and his son Karti are accused.

    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, granted time to counsel for the investigating agency to go through to a Supreme Court decision on the issue.

    “Issue has been settled by the Supreme Court. Directions have been given to States to frame laws on deficiencies in criminal trial”, said the judge who posted the matter for hearing on August 27.

    “Interim order to continue”, the high court ordered.

    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 on society and while the accused have a right to a fair trial, the collective interest of the society could not 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 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.

    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.

    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.

    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.

    The Chidambarams are already on bail in the case.

    Chidambaram was taken into custody on August 21, 2019 when he was arrested by the Central Bureau of Investigation (CBI) in 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: Delhi court issues notice to ED on P Chidambaram’s plea 

    By PTI
    NEW DELHI: A court in Delhi on Saturday sought the response of the Enforcement Directorate (ED) on an application moved by former Union Minister P Chidambaram seeking various documents related to the INX Media money laundering case.

    Special Judge M K Nagpal issued notice to the ED and sought its response by August 9.

    The court was hearing an application moved by advocate Arshdeep Singh Khurana on behalf of Chidambaram, seeking a direction to the ED to supply various documents along with the chargesheet filed in the case.

    It also sought that the ED rectify the discrepancies in the page numbering of the record and also supply missing documents.

    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, 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.

    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 INX Media corruption case.

    He was granted interim bail from the Delhi high court in the money laundering case.

  • INX Media case: Delhi court grants exemption from personal appearance to Chidambaram, son Karti

    By PTI
    NEW DELHI: A Delhi Court on Wednesday granted exemption from personal appearance to former union minister P Chidambaram and his son Karti for the day in the INX Media scam related money laundering case.

    Special Judge M K Nagpal granted relief to the Chidambarams after an application in this regard was moved by their lawyer, saying the accused were busy in assembly election campaign in Tamil Nadu.

    The accused were summoned by the court on March 24 after taking congnisance of a supplementary charge sheet filed by the ED.

    The court will further hear the matter on April 16.

    Both are star campaigners, their lawyer Arshdeep Singh said.

    The court also issued notice to the ED on a bail application moved by co-accused Peter Mukharjea in the case.

    P Chidambaram was arrested by the Central Bureau of Investigation (CBI) in the INX Media corruption case on August 21, 2019.

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

    Six days later, on October 22, 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.

    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.

    Karti was arrested by the CBI in February 2018 and he was granted bail in March 2018 in the INX Media corruption case.

    He was granted interim bail from the Delhi high court in the money laundering case.

  • 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.