INX Media: P Chidambaram in undertrial incarceration without conviction, counsel tell Delhi HC

Counsel appearing for former Union Minister P Chidambaram today argued before the Delhi High Court that denial of bail to him in the INX Media case, even after more than a month of being arrested, would result in the continuation of his “undertrial incarceration without conviction”..Calling it a case of “prosecutional bias and suppression”, the counsel also argued that unlike what the Agencies were projecting, P Chidambaram was not a flight risk..The arguments were made by Senior Advocates Kapil Sibal and Abhishek Manu Singhvi before a Single Judge Bench of Justice Suresh Kumar Kait while hearing P Chidambaram’s regular bail plea in the INX Media case..Sibal argued that that remanding an accused to judicial custody was not “automatic” and could be granted only if there was a threat of tampering with evidence, influencing the witnesses or flight risk..Contending that none of these conditions was satisfied in the present case, Sibal further stated that the Investigating Agencies ought to justify “every single day of remand”..He claimed that even after the expiry of the maximum period of police custody of P Chidambaram, the Agency has not been able to produce any incriminating evidence till now..Given the fact that the CBI even sought the appropriate sanction to prosecute P Chidambaram in the case, Sibal contended that as far as Chidambaram was concerned, the investigation in the case was over and there was no purpose behind continuing his judicial custody..He reiterated that the FIPB approvals were given as per the existing policy framework after a collective decision to that effect was taken by six Senior Secretaries to the Government of India..Taking the argument forward, Singhvi argued that FIPB clearances involved “11th level approvals” and could not have been done solely by P Chidambaram as alleged by the alleged statement by co-accused Indrani Mukherjea, the owner of INX Media..“The entire allegation is based on the testimony of a murder accused who killed her own daughter whom she called her sister for a decade.. She is the unimpeachable witness against me? ..She had been making incredible statements to get out… She will say whatever the prosecution wants her to..”, Singhvi said as he sought to discredit any importance given to the statement made by her..It was thus contended that there could be no question of commission of offences of cheating, conspiracy or illegal gratification against Chidambaram, especially when none of the officials involved in the process were facing probe and there was “not an iota of evidence” to suggest any influence by Chidambaram or demand of any bribe, he said..Singhvi also urged the Court to not fall prey to the argument of “gravity of offence” merely because it is a “high profile case”. The only relevant test is the triple test for bail which balances public interest with the liberty of an individual, he said..While listing the case for further hearing on September 25, the Court directed counsel for P Chidambaram to disclose on affidavit the source of the Government documents being referred by them to establish the process of FIPB approval granted to INX Media..The INX Media case pertains to the alleged irregularities in the Foreign Investment Promotion Board clearance to INX Media at the time when P Chidambaram was the Finance Minister. It is the case of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) that P Chidambaram and his son Karti Chidambaram received illegal gratification from INX Media owners, Peter and Indrani Mukherjea for the clearance..After being arrested by CBI last month, Special CBI Judge Ajay Kumar Kuhar had remanded Chidambaram to judicial custody on September 5 after the expiry of the maximum time period for police custody of an accused. Earlier this week, his judicial custody was extended by the CBI Court till October 3..The Delhi High Court had issued notice to CBI in the bail plea filed by Chidambaram in the INX Media case on September 12..In its response to the bail plea, CBI has argued that granting bail to P Chidambaram would be against the “zero-tolerance policy in corruption” and would set very wrong precedence.