Important day for #PChidambaram as well as CBI & ED in the #INXMediaCase: Kapil Sibal mentions before Justice R Banumathi that the new petition against CBI's remand hasn't been listed so far.
Justice Banumathi says that necessary orders could not be obtained from the #CJI over the weekend. Registry has been asked against to do the needful.
SG Tushar Mehta says he has no objections if #PChidambaram's legal team wants to argue against the custody order too.
SG Tushar Mehta says he has no objections if #PChidambaram's legal team wants to argue against the custody order too.
A lot is at stake for #PChidambaram as well as for the #CBI and the #EnforcementDirectorate when the #SupremeCourt takes up the former union finance minister’s petitions today. Here's why and how:
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Hearing begins in the #SupremeCourt. Sibal starts arguing.
Justice Banumathi questions how hasn't the petition against the #CBI been infructuous with the arrest by the #CBI.
"There is a Constitution Bench judgment on this point," says Justice Banumathi, asking why should the #SupremeCourt now entertain #PChidambaram's appeal against Delhi HC order on rejection of anticipatory bail.
Sibal emphasises the legal team wasn't in the wrong if there was a delay on the part of the #SupremeCourt administration in listing his petition for hearing.
Justice Banumathi now saying the #SupremeCourt can't treat this now as a regular bail petition when what they have filed was rejection of anticipatory bail.
"We can't convert your petition against rejection of anticipatory bail into a petition for regular bail," Justice Banumathi tells Sibal, Singhvi.
The judge also observes that the third petition against the CBI's remand has not been listed so far. "And we can't pass order on listing. It is for the #CJI to do," she adds.
Our rights can't be defeated like this, says Singhvi, adding #CBI curtailed #PChidambaram's right by arresting him.
#CBI overreached the authority of the court by arresting him when the matter was already listed for hearing, says Singhvi.
#CBI overreached the authority of the court by arresting him when the matter was already listed for hearing, says Singhvi.
Singhvi: SG Tushar Mehta was also present at the mentioning. His client should not have arrested #PChidambaram.
Setback for #PChidambaram as the #SupremeCourt declines to pass order on his first petition against #CBI.
SC holds it to be infructuous.
"Can't entertain this after your arrest," says court.
SC holds it to be infructuous.
"Can't entertain this after your arrest," says court.
#SupremeCourt says #Chidambaram is at liberty to move regular bail before concerned court, which will decide it without getting influenced by any observation of any other court.
One out of three petitions filed by #PChidambaram has been dismissed as being infructuous after his arrest.
The petition against #ED is now being argued upon. Sibal again points out how ED reportedly sneaked in a note, which was copied by the #Delhi HC in its final order.
Sibal also decries the practice of handing over documents in the court in sealed covers. "How am I supposed to counter something which I don't even know what it is?" he questions.
Sibal now complains about ED's affidavit being leaked even without having been filed in the #SupremeCourt registry.
SG Tushar Mehta: "We haven't leaked it. In fact they should answer how was the entire case being discussed by their legal team across TV channels".
SG Tushar Mehta: "We haven't leaked it. In fact they should answer how was the entire case being discussed by their legal team across TV channels".
"#ED doesn't maintain a case diary at all. And in any case, the law has been clear that neither the agency nor a court can use contents of a case diary as evidence," adds Sibal.
SG's attempt to give documents in sealed covers is a serious procedural lapse, in defiance of law and is completely unreasonable, contends Sibal.
"This is a media trial," says Sibal, saying the #SupremeCourt may ask for transcripts of the three dates when he joined the #ED probe. Let them show one property in name of #PChidambaram and we will withdraw our petition from SC, he adds.
"Leak some information in media and the remand is automatically extended in the #CBI court," says Sibal.
But his remand hasn't been extended so far, rotorts SG Mehta.
"We have been in this profession for years. So we know how all this works," says Sibal.
But his remand hasn't been extended so far, rotorts SG Mehta.
"We have been in this profession for years. So we know how all this works," says Sibal.
Sibal also claims that on the three dates he appeared before the #ED, #PChidamabaram was never questioned about the will in favour of granddaughter or the alleged properties abroad.
#PChidambaram has been questioned for 26 and half hours by the #CBI and the only question put to him is about whether he maintains a bank account in #Britain, claims Sibal.
Sibal: Basis of rejection of my anticipatory bail is ED's note.
SG Mehta: That's not the sole basis. And the bail is rejected after going through records.
Sibal: But you haven't denied it.
Mehta: How do I deny your note? You haven't filed affidavit.
SG Mehta: That's not the sole basis. And the bail is rejected after going through records.
Sibal: But you haven't denied it.
Mehta: How do I deny your note? You haven't filed affidavit.
Justice Banumathi asks Sibal to show what's the ED's case against #PChidambaram.
Sibal now referring to the allegations in the ECIR.
Sibal now referring to the allegations in the ECIR.
Judges rise for the lunch break, arguments to resume at 2.10 PM.
Arguments in #INXMediaCase resume in the #SupremeCourt. Sibal continues reading out the allegations made out by the ED.
Sibal points out why bail was granted to #KartiChidambaram in the #INXMediaCase. He adds entire case talks about Advantage Strategies but #KartiChidambaram is neither a director nor a shareholder of that company.
Sibal contends #PChidambaram is sought to be made vicariously liable since he is the father. All the documents have been recovered, provisional attachment orders have also been passed and hence, where is the need od custodial interrogation, asks the senior lawyer.
"#ED claims fake invoices of Rs 3.5Cr were raised to be finally paid to companies allegedly associated with Karti but where's the money? ED, admittedly, has been able to show transfer of just Rs 10 lakh. But under PMLA, the minimum then was Rs 30L to attract charges" Sibal says.
Sibal adds apart from #PChidambaram, all others have been on bail, default bail or sanctions to prosecute have not been asked for.
There is no justification to arrest him. And this court has to now examine of the #Delhi HC 2iselt exercised its power or not in rejecting his anticipatory bail petition: Sibal argues for #PChidambaram
#PChidambaram is willing to have any condition attached to his bail. Let this court give some days and see if my client has cooperated or not. If this court then feels there is some hanky panky then the request for custodial interrogation can always be considered: Sibal
Justice Banumathi asks Sibal how long will he take. Sibal says an hour. The judge asks him to be as brief as possible.
Hearing in #SupremeCourt usually gets over at 4 PM. #PChidambaram had to be produced before the #CBI court today upon conclusion of his 4 days' custody.
Hearing in #SupremeCourt usually gets over at 4 PM. #PChidambaram had to be produced before the #CBI court today upon conclusion of his 4 days' custody.
Justice Banumathi now asks Sibal about copying of ED's note in the #Delhi HC order.
"Word by word, para by para has been copied in the judgment. Where is the application of mind by the judge?" says Sibal, reading out from the note & the HC judgment.
"Word by word, para by para has been copied in the judgment. Where is the application of mind by the judge?" says Sibal, reading out from the note & the HC judgment.
SG Tushar Mehta says he has no idea how does the lawyers have this note.
"We have not given this note," he says.
Sibal retorts let them say it is not the note they gave in HC or that they didn't give any note at all.
"We have not given this note," he says.
Sibal retorts let them say it is not the note they gave in HC or that they didn't give any note at all.
Sibal keeps reading out from the ED's note to emphasise each and every word has been copied by the Delhi HC judge.
Mehta: This isn't fair.
Sibal: Why don't you deny the note? Say you didn't give it to the HC. Just saying that you didn't give it to us isn't enough.
Mehta: This isn't fair.
Sibal: Why don't you deny the note? Say you didn't give it to the HC. Just saying that you didn't give it to us isn't enough.
Judge now asking Sibal about how was the case decided by HC. What all documents were filed and argued.
Sibal responds #ED didn't even choose to file a formal counter affidavit but filed a note surreptitiously.
Sibal responds #ED didn't even choose to file a formal counter affidavit but filed a note surreptitiously.
Sibal: Even the investigation is over. They have obtained sanction for prosecution. Where is the need of custodial interrogation?
SG Tushar Mehta: It is for the internal purposes. The further investigation is still on.
SG Tushar Mehta: It is for the internal purposes. The further investigation is still on.
Sibal asserts that whatever has been recorded by the #Delhi HC judge wasn't part of any proceedings.
"How did he get all this? Nothing was filed in the court but judge records all this. From where? Where is the case diary?" asks Sibal.
"How did he get all this? Nothing was filed in the court but judge records all this. From where? Where is the case diary?" asks Sibal.
Sibal also questions why the #Delhi HC referred to #Aircel-Maxis case when the only petition before him was the #INXMediaCase. "And #Aircel-Maxis is the case in which CBI has taken 11 adjournments so far," contends the senior lawyer.
"#ED said they have 'cogent' evidence against #PChidambaram. If they already have cogent evidence, why are they asking for my custodial interrogation? Cogent evidence should ordinarily be enough to file chargesheet. But then they later say they have to collect evidence," Sibal.
Sibal: Let them give at least one bank account and one property details and the link between them and #PChidambaram.
Tushar Mehta: I will show all account details.
#INXMediaScam
Tushar Mehta: I will show all account details.
#INXMediaScam
Sibal: How do I tamper with evidence.. Bank accounts? I must have really long arms to do it.
Mehta: Which you do..
Sibal: Your arms are much longer than mine. That's why I am here and you are on the other side.
#INXMediaScam
#PChidamabaram
#SupremeCourt
Mehta: Which you do..
Sibal: Your arms are much longer than mine. That's why I am here and you are on the other side.
#INXMediaScam
#PChidamabaram
#SupremeCourt
#SupremeCourt will take up this case tomorrow at 12 PM. What remains to be seen is if the interim order of protection against arrest by #ED is also extended.
#SupremeCourt hearing for the day over. Interim protection from arrest by #ED has been extended till tomorrow. Sibal's arguments conclude.
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