Abhishek Manu Singhvi argues that the SC on August 21 had ordered for a hearing on Friday, August 23. Prosecution should not have acted in a way (by arresting Chidambaram on August 21) to render a judicial order ineffective.
Solicitor General Tushar Mehta was present in the Court when an order for hearing was passed. His client (CBI) should not have acted in this way then, Singhvi.
#Breaking: Supreme Court dismisses SLP filed by Chidambaram against Delhi High Court order denying him protection from arrest as far as CBI case is concerned. Court says matter is now infructuous.
Chidambaram granted liberty to move appropriate Court for regular bail
Supreme Court now hears the SLP filed in relation to the cases filed by ED against P Chidambaram.
Sibal questions the handing over of certain documents in a sealed cover to the Delhi High Court. He says that P Chidambaram was not aware of these documents/notes.
If they discovered some material between the time FIR was filed and I was arrested, they should have summoned me and interrogated me. They cannot spring it like a surprise in the Court, Sibal.
The Will that was spoken about by SG in the earlier hearing is in public domain. The attachment of properties is known. They cannot just make statements like this. ED's only case is that he is not cooperating. This is not fair, this is media trial, Sibal
SG has contended discovery of large number of mails, bank accounts, among other things. All this was never out to Chidambaram. He was examined by ED thrice and only once by the CBI. Neither agencies put any of this before him.
They have to clarify when these documents and notes were discovered. If it was before questioning, why didn't they confront him and if it was after questioning, then why was he not called again, Sibal
SG says Chidambaram is being evasive but the Court should peruse the questions that were put to him and the responses given by him to ascertain if he was being evasive.
The case is that Karti Chidambaram used his relationship with P Chidambaram to influence public servants to secure ex-post facto FIPB approvals for the downstream investment in INX media, Sibal
The CA Bhaskar Raman got bail, Karti Chidambaram got bail, Indrani and Peter Mukherjea are on default bail and no sanctions have been sought for the six government secretaries till now, Sibal
P Chidambaram is being made vicariously liable. The ED's case seems to be that since he's Karti's father, he must be involved... There is no chargesheet filed naming him so prima facie no offence has been committed, Sibal.
Sibal cites the judgment of a Constitution Bench of the Supreme Court in the case of Gurbaksh Singh on the issue of right of an accused for anticipatory bail.
If there is a money trail, there must be documents and the source of the monies traceable. What are they trying to find out? First probe, find out and then seek custody, Sibal
If something is found after probing documents, it should be put before the accused for him to give an explanation. Here it's a one way street where documents are produced in Court but not put before accused, Sibal
Great ignominy and humiliation is attached to an arrest. The moment someone is arrested, you destroy that man. You make believe that the man js guilty. That is what is happening here, Sibal
On the Delhi High Court, Sibal says what is the application of mind of the Judge when certain paragraphs are a word for word, comma for comma copy of the note submitted by the SG?
That is exactly my objection that while he (SG) can put whatever he wishes before the Court but it should be put before me first. These are the procedural issues that need to be addressed in a case which involves personal liberty, Sibal
There is also another serious issue that why was the order reserved for seven month? It took him (Justice Sunil Gaur of the HC) 7 months to decide that there was gravity in the matter, Sibal
Their case is, and it is mentioned in the judgment, that Chidambaram has been evasive during questioning, then Your Lordships must ask for transcripts and decide if he was being evasive, Sibal
They (investigating agencies) are saying that they have cogent evidence against the petitioner and at the same time they say that evidence is yet to be unearthed. Then what is this cogent evidence then? - Sibal
They are claiming that there is apprehension of tampering of evidence. Tampering of what? Properties situated outside? Or bank accounts? If that tampering is possible, my arms must be really long, Sibal
Supreme Court to continue hearing the case tomorrow at 12 noon. P Chidambaram to file a rejoinder to the ED's affidavit. Interim protection from arrest granted to Chidambaram in the ED case to continue till tomorrow.
#SupremeCourt hears plea by BRS President and former Chief Minister K Chandrashekar Rao challenging the Telangana High Court's decision to dismiss his petition against a commission formed by the state government
Sr Adv Mukul Rohatgi: Plain case of political vendetta. Every time the government changes there is a case against the former chief minister
CJI DY Chandrachud: we will clarify that by calling it judicial enquiry they cannot take it outside the scope of the commission @TSwithKCR
Rohatgi: you cannot fix responsibility in a fact finding commission. This was for approval of tariff ..there was a power crisis and thus state bought power from state of chhatisgarh and thus the PPA needed approval from Chhattisgarh state commission and Telangana state commission.
Supreme Court DISMISSES plea by Deputy CM of Karantaka DK Shivakumar to quash CBI's disproportionate assets case against him under provisions of Prevention of Corruption Act, 1988.
A bench of Justices Bela Trivedi and Satish Chandra Sharma heard the matter.
Trivedi J: How High Can stay the sanction order granted by government? This is unheard of.
Senior Adv Rohatagi (for Shivakumar): That is withdrawn already.
Trivedi J to State: That is different thing but how High Court can grant such order?
Senior Adv Rohatagi (for Shivakumar): We are on a new question, the ground is this court has held that if the predicate offence is only conspiracy, it cannot be a stand alone offence and it has to be added by some other offence as well. I am questioning the FIR lodged by CBI which is completely illegal. I am not on any part by ED. I am on the FIR dated 3.10.20 under PC Act by CBI. Section 17A which has come in 2018 requirement has not been fulfilled (referring to split verdict of Justice Trivedi and Justice Bopanna)
Trivedi J: We cannot quash the case on the basis of split verdict by this court.
Senior Adv Rohatagi: But one judge has ruled in our favor.
Trivedi J: So what, that cannot be the basis of quashing. No quashing at all.
Kejriwal was granted bail by the trial court on Thursday (June 20). The High Court put an interim stay on his bail the next day, after ED challenged the order.
On the same day, Justice Jain reserved his verdict on ED's stay application.
Delhi High Court orders removal of tweets by Congress leaders Ragini Nayak, Jairam Ramesh, and Pawan Khera alleging that journalist Rajat Sharma abused Nayak on live-television.
High Court holds that Congress leaders over-sensationalised the incident and did not remain truthful.
"It cannot be denied that the citizens have a right to freedom of Speech and expression but there was also a corresponding duty to remain truthful to the incident. The X posts berating the plaintiff are nothing but an oversensationalization and depiction of facts which are patently false," the court said.