Custodial Interrogation is required to confront P Chidambaram with the relevant documents and other accused in the case to take the investigation further, Mehta
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.
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.
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.
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
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
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
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
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.
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.
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.
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.
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.
Whether chargesheet filed without Forensic Science Laboratory (FSL) report in case under NDPS Act, 1985 can be termed as 'incomplete report' under CrPC? #SupremeCourt to shortly hear the matter
A three-judge Bench of Justices Surya Kant, Sudhanshu Dhulia and Ujjal Bhuyan will also examine various related aspects that concern the fairness and efficacy of the trials under the NDPS Act
#SupremeCourt to shortly hear appeal by Narcotics Control Bureau (NCB) against 2023 Delhi HC decision ruling that application for drawing sample of narcotic drugs or psychotropic substance before Magistrate u/s 52A of NDPS Act should be made within 72 hours @narcoticsbureau
In May 2023, the High Court had observed that such an application cannot be moved at the “whims and fancies” of Narcotics Control Bureau, being the prosecuting agency.
When matter came before Supreme Court earlier, the Court had orally remarked that Section 52A is enabling not mandatory.
Supreme Court to shortly deliver judgment laying down pan-India guidelines on use of bulldozer by state governments as a punitive measure to demolish house or shop of a person immediately after he or she is named as accused of an offence
#SupremeCourt
Judgement to be delivered by a bench of Justices BR Gavai and KV Vishwanathan
#SupremeCourt #bulldozer
Supreme Court Bar Association holds farewell for CJI DY Chandrachud #SupremeCourtofIndia
Sr Adv Rachana Srivastava, VP SCBA: CJI Chandrachud was a part of 23 constitution benches. Your journey in the legal world has pushed boundaries. You leave behind a court which has hope for all of us. You had unwavering dedication to the rule of law.
Sr Adv Kapil Sibal, President SCBA: when you have to journey the judge of any judge what is the benchmark. We can criticise a judge all we want. You have to judge the man in the backdrop of the times we live in. When we discuss him, his manner, his affability which is of one of the greatest judges of this country.
Ceremonial bench on the last working day of CJI DY Chandrachud
CJI Chandrachud along with CJI Designate Sanjiv Khanna, Justices JB Pardiwala and Manoj Misra
#SupremeCourt
Attorney General R Venkataramani: Recently in Brazil after the conference ended everyone started dancing. what if I ask everyone here to dance on your retirement and I am sure most will vote in favour of me.
SG Tushar Mehta: Complete impartiality in dispensation of justice. We were never hesitant in good or bad matters before you. For govt we won few we lost many but we knew that we did not get an opportunity to convince the court and put our point forward. My lord has always taken a stand as the karta of the family
DYC will really be missed.
#BREAKING Supreme Court to State of UP: How can you just enter someone's home and demolish it without following course of law or serving notice?
CJI DY Chandrachud: We are not inclined to accept the request of the State of UP to adjourn the proceedings since pleadings are completed and the court is required to evaluate the materials placed before to decide legality of action.
#SupremeCourtofIndia @myogioffice
CJI: The following position emerges from narration of facts: state of UP has not produced original width of state highway notified as national highway, no material was placed to show whether any inquiry was conducted to figure out encroachers, there is no material produced to indicate that land was acquired before demolition was carried out. The state has failed to disclose the precise extent of encroachments, the width of the existing road, the width of notified highway, extent of property of petitioner which feel within central line of highway and why the demolition was needed beyond the area of alleged encroachment. NHRC report shows demolition was far in excess than the area of alleged encroachment. #SupremeCourtofIndia
#BREAKING
CJI: The demolition was carried out without any notice or disclosure to the occupiers of the basis of the demarcation or the extent of demolition to be carried out. It is clear demolition was high handed and without the authority of law. The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in newspaper report. Such action by the state cannot be countenanced and when dealing with private property law has to be followed.