Bar and Bench Profile picture
Aug 22, 2019 62 tweets 20 min read Read on X
#INXMedia: Former Union Minister and Congress leader P Chidambaram to be produced before Speical CBI Court soon.

P Chidambaram was arrested by CBI last night.

Senior Advocates Kapil Sibal, Vivek Tankha, Nalini Chidambaram reach Court.

#PChidambaram
Senior Advocate Abhishek Manu Singhvi also arrives.

#INXMedia #PChidambaram
CBI Prosecutor Padmini Singh takes her place.

#INXMedia #PChidambaram
Senior Advocate Dayan Krishnan and Advocate Arshdeep Singh enter the court room.

P Chidambaram to be produced any time now.

#INXMedia #PChidambaram
P Chidambaram's son Karti Chidambaram also arrives.

#PChidamabaram #INXMedia
P Chidambaram produced before Court.

#PChidambaram #INXMedia
Solicitor General Tushar Mehta joins the CBI legal team.

#PChidambaram #INXMedia
CBI Judge Ajay Kumar Kuhar arrives.

Proceedings to begin.

#PChidambaram #INXMedia
SG Mehta for the Prosecution seeks 5 days custody of P Chidambaram.

#PChidambaram #INXMedia
Mehta apprises the Court of the INX Media case.

#INXMedia #PChidamabaram
Non bailable warrant was issued by the Court pursuant to which P Chidambaram was arrested, Mehta.

#INXMedia
Right to be evasive with respect to questions that only the accused can answer is non cooperation, Mehta.

He did not cooperate..Did not respond at all., Mehta

#INXMedia #PChidambaram
Custodial Interrogation is required to confront P Chidambaram with the relevant documents and other accused in the case to take the investigation further, Mehta

#PChidambaram #INXMedia
He took advantage of the protective cover provided by the Delhi High Court, Mehta.

#PChidambaram #INXMedia
Mehta reads the Delhi High Court judgement authored by Justice Sunil Gaur, points out that the case was called a 'classic case of money Laundering'.

#PChidambaram
We are at pre chargesheet case. He is not providing all the documents required for investigation.. certain questions can be answered only when the accused is not under the protective umbrella.., Mehta.

#PChidambaram
Serious, active and informed role of the accused is made out from the case diary.., there is money trail.. that needs to be probed into, Mehta.

Places the case diary before the CBI Judge.

#PChidambaram
Mehta reads a Supreme Court judgement on importance of custodial interrogation.

#PChidambaram
Mere appearance becomes a formality when the accused in under the protective umbrella. This is a serious case..of monumental magnitude, Mehta concludes as he urges the Court to grant 5 days custody of P Chidambaram.

#PChidambaram #INXMedia
Kapil Sibal begins, informs the Court that co-accused Karti Chidambaram was granted regular bail by Delhi HC, Chartered Accountant Bhaskaraman is also on anticipatory bail.
Other accused, Peter and Indrani Mukherjea are on default bail, Sibal.

#PChidambaram
Relying on the fact that a draft chargesheet in the case is ready, Sibal argues that the investigation in the case is already complete.

#PChidambaram
FIPB approval is given by 6 Secretaries of the Government of India. None of them have been arrested, Sibal.

#PChidambaram
This is a case of documentary evidence. The Secretaries recommended the case to the Finance Minister and he approved.. The FIR was filed after 10 years, Sibal

#PChidambaram
He was interrogated only on one day, Sibal

#PChidambaram
You (Prosecution) could have called him again. He has never skipped any interrogation, Sibal.

#PChidambaram
When CBI says something has happened, it is not the gospel truth. It is a matter of personal liberty, Sibal

#PChidambaram
Please call for the record of his interrogation conducted on June 6, 2018 to see if he was evasive, Sibal

#PChidambaram
Last night, the CBI said that they wanted to interrogate him... They didn't start the interrogate until 12 noon and asked him only 12 questions... By now they should know what questions to ask. The questions are not ready, Sibal

#PChidambaram
The questions had nothing to do with the accused, P Chidambaram, Sibal

#PChidambaram
The 12 questions that were asked are before you (Court).. he has already answered them. He did not give any evasive reply, Sibal

#PChidambaram
They could have interrogated him at any point of time after 2017 (when case was registered) or June 6, 2018 (when he was interrogated last), Sibal

#PChidambaram
All co-accused are on bail.. they (prosecution) could have written a letter to me asking for the documents needed for investigation.. why did they not do that?, Sibal
When the judge reserved the Judgement for seven months, is this the 'protective umbrella' that I sought?, Sibal

#PChidambaram
Grant of police remand is an exception, not a rule. A strong case must be made out by the prosecution, Sibal.

#PChidambaram
I have serious objection with the manner in which the accused as dealt with.. What is written in the case diary is not evidence in the case but only to aid in such inquiry or trial, Sibal

#PChidambaram
This is a case which has nothing to do with evidence but something else, Kapil Sibal concludes.

#PChidambaram #INXMedia
Senior Advocate Abhishek Manu Singhvi begins.

Arrest is not automatic. It is an exception. The entire case is based on case diary and a statement by Indrani Mukherhea, Singhvi.

#PChidambaram
P Chidambaram is a called four months after Indrani's statement is recorded in 2018.. for 11-12 months P Chidambaram is not called for interrogation, Singhvi.
To create a reason for custody now, they create a reason that Indrani is now an approver, Singhvi.

She turns approver in 2019 based on the same old statement given in 2018..Singhvi.

#PChidambaram
Singhvi argues the triple test for rejection of remand plea. CBI's case is only based on the allegation of evasion, Sibal.

#PChidambaram
Singhvi reads a Supreme Court Judgement on custodial interrogation.

Purpose of custodial interrogation is not confession, Singhvi

#PChidambaram
How can he (Prosecution) seek police remand on the basis of evasion?, Singhvi.

#PChidambaram #INXMedia
Non-coperation is not appearing for interrogation and not not answering the questions in the manner that the prosecution wants, Singhvi

#PChidambaram
The FIPB approval was given by 6 Secretaries to the GOI, one of them later became the RBI Governor..He merely endorsed it, Singhvi.

#PChidambaram
You (Prosecution) have not made allegations of tampering of evidence or flight risk against P Chidambaram, Singhvi.
Grant of remand is an exception. Investigating Agency must make out a strong case that without custody further investigation would be impossible, Singhvi reads out a Supreme Court judgement.

#PChidambaram
There has not been any new development in the case. Singhvi.

#PChidambaram
What is the point of police custody?, Singhvi

#PChidambaram
P Chidambaram says he wants to speak.

Tushar Mehta objects.

Singhvi cites a Delhi HC Judgement that allows the accused to make a representation on his behalf.

#PChidambaram
We are here dealing with an accrued who has tremendous potential of not answering, not cooperating, Mehta.

Karti was arrested and remanded to custody and released on regular bail, Mehta

#PChidambaram
Further investigation is going on. We filed an affidavit before HC stating that further investigation under section 173 CrPc is going on. It is our statutory right.There is a need to interrogate, Mehta.
Justifying calling P Chidambaram for interrogation only once, Mehta says,

We had a reasonable ground to come to the conclusion that we may not be able to reach the truth unless the protective umbrella is removed.

#PChidambaram
The protection was removed only in August 2019 when the Delhi HC said that the gravity of the offense committed by the accused demanded denial of bail, Mehta.
A responsible Prosecution wouldn't reveal the chronology of the questions to be asked. Whatever questions were asked, were recorded.

I cannot be denied my right to interrogate.. it is my duty to the nation, Mehta
We are considering remand..flight risk etc are not relevant.. We are dealing with intelligent people.. we would be failing as Prosecution if we do not reach the root (of the matter), Mehta.

#PChidambaram
Sibal says he does not want the questions to be made public, only want to ascertain the genuineness of the question.
P Chidambaram permitted to speak.

On June 6, 2018, please ask for the transcript.. there is no question which has not been answered.
The allegation of 5 Million whatever were never put to me. Only asked me if I have a foreign bank account or my son who furnished the details.
Order reserved on remand reserved.

#PChidambaram
Order to be pronounced after half an hour.
CBI Court sends P Chidambaram CBI Custody till August 26.

#INXMedia #PChidambaram
Breaking: Court sends P Chidambaram to CBI custody till August 26 @PChidambaram_IN
#INXMediaCase #ChidambaramArrested #PChidambaram
barandbench.com/breaking-cbi-c…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Bar and Bench

Bar and Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

May 15
Supreme Court hears the Kuldeep Singh Sengar case

SG Tushar Mehta: CBI appeal is listed before the Delhi High Court

Sr Adv N Hariharan: I am in the position to show that the prosecutrix is not a minor. The AIIMS board says she was not a minor. All reports are in his favour still he is in jail.

SG: The main conviction is under 376(1) IPC for remainder of his life

CJI: Prayer was only to suspend the sentence. There are issues which require consideration.Image
SG: it has to be seen whether MLA is a public servant for the POCSO

Justice Bagchi: we do not endorse the hyper technical conclusion of the high court. This is a penal legislation which protects children from sexual exploitation.. section 21 of IPC and prevention of corruption of act..

SG: MLA is in a dominant position.

CJI: HC has suspended the sentence. We have stayed by it. Now there is suspense whether order is illegal, erroneous etc. Now in this area..HC will be reluctant to hear the main appeal.
CJI: we can set aside the order. HC can decide the appeal or if it's taking time .HC can decide the application for suspension of sentence.
Read 5 tweets
May 14
Supreme Court to resume hearing today petitions challenging a 2023 law which excluded the Chief Justice of India from the selection panel to appoint the CEC and other election commissioners.

Bench: Justices Dipankar Datta and SC Sharma Image
Retd. IAS SN Shukla argues on behalf of Lok Prahari: we have challenged not only section 6,7,8 and also the appointments made there under. The basis is not just the judgement in Anoop Baranwal but proven legal infirmities based on governments own records that I have obtained through RTI.
Court: have you received a copy of the counter?

Shukla: only union of India has filed counter yesterday.

Court: have you received the copy? Please address us on merits.

Shukla: the impugned provisions are ultra vires articles 14 and 324.
Read 52 tweets
May 13
Supreme Court remarks on women empowerment and patriarchal mindset in a divorce case between an Army officer (husband) and a dentist (wife) - Thread 🧵

The couple was granted divorce by the family court and the high court on the ground of cruelty and desertion by the wife for starting her own dental clinic away from Kargil, where her husband was posted.

The wife approached the Supreme Court not disputing the divorce, but seeking expungement of findings on cruelty and desertion.

Court: In the present world, where women are making strides in leaps and bounds, merely because the husband was an Army Officer posted in a remote location, the expectation that the wife could not even think of pursuing her career in Dentistry, is indicative of regressive and feudalistic mindset.Image
Court: It must be emphasised that a well-educated and professionally qualified woman cannot be expected to be confined within the rigid boundaries of matrimonial obligations alone. Marriage does not eclipse her individuality, nor does it subjugate her identity under that of her spouse.

Court: The expectation that a woman must invariably sacrifice her career and conform to traditional notions of an obedient wife meant for cohabitation, irrespective of her own aspirations or the welfare of the child, reflects a line of reasoning that is archaic, ultra-conservative, and cannot be countenanced.
Court: What is portrayed as defiance in the impugned judgments is, in truth, an assertion of independence; what is labelled as desertion is, on a closer scrutiny, a consequence of circumstances shaped by professional commitments.
Read 4 tweets
May 12
Punjab minister Sanjeev Arora has approached Punjab and Haryana High Court against his arrest by ED in money laundering case.

A Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry is hearing the matter. Image
It is absolutely illegal. It is absolute case of political vendetta: Senior Advocate Puneet Bali, representing Arora, submits.
An absolute political orchestrate! Two FEMA raids are made. One against Shri [Ashok] Mittal; he defects, joins the ruling party, no arrest is made: Bali
Read 35 tweets
May 10
Solicitor General of India Tushar Mehta’s two books — “The Bench, the Bar and the Bizarre” and “The Lawful and the Awful” — will be launched shortly

Chief Justice of India Surya Kant will preside over the event. Union Home Minister Amit Shah will attend as Chief Guest, while Attorney General for India R Venkataramani will be the Guest of Honour @AmitShahOffice #TusharMehta @Rupa_Books #SupremeCourtImage
SG Mehta's book launched by Union Home Minister Amit Shah , CJI Kant and AG R Venkataramani Image
SG Tushar Mehta: There is a particular peculiarity in being an advocate and publishing books on the lighter side of law. It feels rather like a surgeon writing humorously about his own operation theatre.

But I have deliberately, consciously, and purposefully chosen this subject, which is not a subject of just anecdotes or legal jokes or any other humorous book which is available in the market. I have chosen a different genre.

But I must clarify at the outset what these books are not. They are not a treatise. They are not a critique of any particular subject of law. And I have not even pretended to be scholarly while writing this book, the infection which infects almost everyone on this side of the Bar.

What are these two books? It is quite simple. They are a collection of true stories. Nothing is imaginary or fictional. They are a collection of true stories.

Since I am practising in India, and intend to do so for quite a number of years hereafter, I have chosen not to include any instance of Indian sport, Indian jest, or Indian judge. I have just gathered some incidents which would be very, very interesting for all of us to learn.Image
Read 18 tweets
May 7
During mentioning, lawyer tells Calcutta HC his client's name has been excluded from voter list after SIR.

Judge: I cannot list all matters in a single day, sir ... Please wait. Come on 9th

Lawyer: He is a cancer patient.

Judge: Cancer patient? What will happen to the SIR? Is there any relation between SIR and the cancer patient?Image
Court later takes up another petition challenging another person's exclusion after SIR.

Lawyer: Despite having birth certificate, my school certificate, appointment letter, they have deleted my name.

Judge: What is your prayer?
Lawyer: Prayer is for domicile certificate.

Judge: Domicile certficate? How two prayers in one petition? If you want SIR, then I can dispose of by directing appellate tribunal to dispose off. Your appeal is pending?
Read 27 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(