CBI seeks review of P Chidambaram’s bail order in light of “errors apparent” in Supreme Court’s findings

The Central Bureau of Investigation (CBI) has filed a review petition before the Supreme Court against its judgment granting bail to former Union Minister P Chidambaram in the INX Media case..Praying for the “errors apparent” in the judgment to be reviewed by the Supreme Court, the CBI has also prayed for the review petition to be heard in open court. The petition states that if these errors are considered by the Court, it could change the outcome of the Special Leave Petition filed by Chidambaram..The investigating agency has highlighted the findings made in Paragraphs 28 to 31 of the judgment rendered by the Bench of Justices R Banumathi, AS Bopanna, and Hrishikesh Roy which dealt with the specific allegation of influencing witnesses in the case. The findings of the Court “are contrary to record which is required to be corrected”, the review petition states..The judgment observed that there was no material to show that Chidambaram or his son Karti had approached any witnesses to influence them, nor was any mention of this apprehension mentioned in any of the remand applications filed by the agency before the Special CBI Judge. The Court had also found that the agency had not put forth any material before the High Court to show how and when the witnesses were approached. A mere allegation to this effect could not form a basis for denying bail, the Supreme Court had held..The CBI, in its review petition, has contended that it has cogent and credible evidence to back its allegation of influencing witnesses levelled against the former Finance Minister. It was this material, in the form of witness statements, that the High Court had taken into consideration while rejecting bail. This material on record has “escaped the attention of this Hon’ble Court though specifically invited on behalf of the CBI during the course of the hearing.”.“The CBI has cogent and credible evidence in form of witness statement under section 161 and 164 of Cr.P.C. which clearly records that the SLP petitioner has attempted earlier and is trying to influence the said witnesses and pressurize them not deposing them against the SLP Petitioner and his son. These statements were seen by the High Court based upon which specific findings are also recorded by the High Court in the impugned judgment.”.These statements in the possession of the CBI were sought to be placed before the Supreme Court in a sealed cover, the agency says in its petition. However, on account of the Court not perusing this material, the findings in the judgment “constitute an error apparent on the face of the record.” Given that the Supreme Court is a Court of record, this “error apparent” should be reviewed and appropriate orders ought to be passed, the agency has averred..The Supreme Court, on October 22, had allowed the petition filed by P Chidambaram and granted him bail in the case filed by the CBI..Chidambaram was arrested by the CBI on August 21 and had was lodged in Tihar Jail after completion of a fortnight in police custody..The Senior Advocate is currently under the custody of the Enforcement Directorate in relation to a separate case filed by that agency in the INX Media case.