Bar and Bench Profile picture
Aug 26, 2019 58 tweets 34 min read Read on X
INX Media: Hearing in the plea challenging Delhi High Court order denying anticipatory bail to P Chidambaram begins.

#INXMediacase
#PChidambaram
@PChidambaram_IN
Justice Banumathi suggests that as far as the CBI is concerned, it has been rendered infructuous.

Sibal opposes and says that the matter was pending when the arrest was made
"I have a right to be heard"

#INXMediacase
#PChidambaram
The SC order was for hearing, not listing. I was not given a hearing. I was entitled to anticipatory bail and I should have been heard, Sibal

#INXMediacase
#PChidambaram
Justice Banumathi says we far as the CBI application is concerned, we arw not hearing it.

We cannot convert the SLP where you are challenging the HC order to bail plea.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
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.

#INXMediacase
#PChidambaram
@PChidambaram_IN
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.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
The CBI had no business arresting P Chidambaram when the plea was pending here, Singhvi.

#INXMediacase
#PChidambaram
@PChidambaram_IN
#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.

#INXMediacase
#PChidambaram
@PChidambaram_IN
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.

#INXMediacase
#PChidambaram
@PChidambaram_IN
It can't be that they (ED) will hand over any documents they want to the Court without making me privy to the contents, Sibal

#INXMediacase
#PChidambaram
@PChidambaram_IN
The Counter affidavit that they were to file was leaked to the Press. It is the front page story in the Indian Express today, Sibal.

Tushar Mehta opposes, says they didn't leak the affidavit but it was leaked after it was served to Chidambaram.

#INXMediacase
#PChidambaram
Sibal argues on Article 21 and says liberty cannot be denied to a person without due procedure of law.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
The attempt to produce documents without the accused ever knowing what is being produced is in violation of Fundamental Rights, Sibal

#INXMediacase
#PChidambaram
@PChidambaram_IN
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.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
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

#INXMedia
#PChidambaram
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.

#INXMediacase
#PChidambaram
And these documents spoken of is to prejudice the case against Chidambaram. The procedure is not followed and is in violation of Article 21, Sibal.

#INXMediacase
#PChidambaram
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

#INXMediacase
#PChidambaram
Even now these questions are not put before him. Only question bring asked to him is of he has an account in the Coutts Bank, Sibal

#INXMediacase
#PChidambaram
@PChidambaram_IN
He's being asked questions like "do you have a Twitter account"... This is the quality of investigation during custodial interrogation, Sibal

#INXMediacase
#PChidambaram
@PChidambaram_IN
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.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
This is my serious objection to documents being given to Court in sealed cover which were never put before P Chidambaram.

#INXMediacase
#PChidambaram
@PChidambaram_IN
Sibal detailing the facts of the INX Media case and the allegations made against P Chidambaram.

#INXMediaCase
#PChidambaram
The Bench rises for lunch. The hearing to continue thereafter.

#INXMediacase
#PChidambaram
@PChidambaram_IN
INX Media: Court assembles to resume hearing in the case. Senior Counsel Kapil Sibal continues with his arguments.

#INXMediacase
#PChidambaram
@PChidambaram_IN
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

#INXMediaCase
#PChidambaram
@PChidambaram_IN
All the then six FIPB secretaries have been examined and none of them said that Karti Chidambaram approached them, Sibal

#INXMediaScam
#PChidambaram
@PChidambaram_IN
Statements of these officers are also part of the attachment proceedings where they have said that Karti never approached them, Sibal

#INXMediaCase
#PChidambaram
Their case talks about Advantage Strategies but Karti is neither a Director of the company, nor a shareholder, Sibal.

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
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.

#INXMediaCase
#PChidambaram
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.

#INXMediaCase
#PChidambaram
Sibal again raises the issue of documents put before the High Court in sealed cover by the ED.

#INXMediaCase
#PChidambaram
@dir_ed
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

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
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?

#INXMediaCase
#PChidambaram
SG Tushar Mehta intervenes, "I don't know where they got this note from. It was not in record"

#INXMediaCase
#PChidambaram
Sibal responds to SG, you have not even denied the note.

#INXMediaCase
#PChidambaram
Is there no counter to that note? - Justice Banumathi

No - Sibal

#INXMediaCase
#PChidambaram
These are not documents, these are conclusions. How can a decision of the High Court be based on such conclusions? - Sibal, referring to the note

#INXMediaCase
#PChidambaram
SG Tushar Mehta requests to take a look at the note Sibal has been referring to.

"We have not filed this note. We have placed case diaries", Mehta says after seeing the note

#INXMediaCase
#PChidambaram
The Judge says the petitioner is the "kingpin". On what grounds is he saying this, Sibal

He says on what grounds... You are questioning a Constitutional body so I have to interject, Mehta

Am I not entitled to question the judgement, Sibal

#INXMediaCase
#PChidambaram
The case diary which is the basis for the judgement and that is exactly what I want to produce before the Court today, Mehta

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
The HC judgment also mentions the Aircel Maxis case. Now what has that case got to do with this matter? - Sibal

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
How does any Court come to a conclusion that this requires my custodial interrogation? - Sibal

#INXMediaCase
#PChidambaram
Let them give at least one bank account and one property details and the link between that and P Chidambaram, Sibal

I'll show all account details, SG Tushar Mehta

#INXMediaCase
#PChidambaram
It is not relevant what I was in the past but what is relevant is how the agencies are conducting the proceedings, Sibal

#INXMediaCase
#PChidambaram
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

#INXMediaCase
#PChidambaram
Yes that's what it shows that tampering was done, SG Tushar Mehta

I mean your arms are much longer than mine which is why you are there and I'm here arguing this case, Sibal

#INXMediaCase
#PChidambaram
Let's assume that I have tampered with the evidence, then that's fait accompli, they should prove it in the Court of Law, Sibal

#INXMediaCase
#PChidambaram
Sibal citing some judgments to buttress his case.

#INXMediaCase
#PChidambaram
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.

#INXMediaCase
#PChidambaram

• • •

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

Oct 27
Supreme Court hears plea pertaining to appointment of information commissioners.

Bench: Justices Surya Kant and Joymalya Bagchi Image
Adv Prashant Bhushan: this is regarding appointment to information commissions. It has been 10 months from the last order. There are so many orders asking to appoint and the pendency is just skyrocketing. The RTI is being destroyed by not appointing information commissioners.
Bhushan: earlier what they had done is they air dropped one person, a journalist who was singing praises of the government and without any qualifications he was air dropped.

Justice Kant: sometimes people don’t apply. We can’t doubt everything. We exercise suo moto powers in case of senior designations because people don’t apply.
Read 14 tweets
Oct 27
Supreme Court to shortly hear the issue concerning stray dogs and the Pan India policy on Animal Birth control rules implementation #SupremeCourt Image
Sr Adv Sidharth Luthra: One matter has come from High court. All matters are here

Justice Vikram Nath: we do not have compliance affidavit by any of the states.

Adv: MCD (Delhi) has filed it, Telangana, West Bengal.. also

Luthra: We have not been supplied
SC: only three compliance affidavits are filed but not on record. They are Telangana, WB and MCD. Notices was issued to all states and UTs. Let all be present before this court on 10:30 am next Monday along with explanation as to why not filed and no representation also here from the three mentioned here.
Read 9 tweets
Oct 17
Delhi High Court heard the submissions of intervenor Broadband India Forum in the copyright suit filed by ANI against OpenAI. Image
Senior Advocate Arvind Datar is appearing for Broadband India Forum.

The matter is being heard by Justice Amit Bansal.
Datar - LLM can access a large amount of information and create a unique response. We represent large players who have their own LLM models. Once the item is in public domain, I cannot verbatim reproduce it but I can access it.
Read 7 tweets
Oct 17
Delhi High Court is hearing the suit filed by news agency Asian News International (ANI) concerning copyright, trademark infringement suit against digital content creator and YouTuber Mohak Mangal. Image
Mangal has filed a fresh application seeking reinstatement of ten videos taken down by YouTube due to copyright strike by ANI.
Senior Advocate Diya Kapur and Advocate Nakul Gandhi are appearing for Mangal.
Sr Adv Kapur - They give me option to give a counter. The Court has not given injunction but this soverreign function is being discharged by YoutTube that the videos cannot be re-instated.
Read 9 tweets
Oct 16
Ministry of Information and Broadcasting gives an undertaking before Delhi High Court to formulate final guidelines for disabled friendly accessibility features on OTT platforms. Image
The matter was listed before Justice Sachin Datta.
The petitioners, specially abled visually impaired persons, were aggrieved by the lack of disabled friendly accessibility features in the recent Bollywood blockbuster movies on OTT platform.
Read 10 tweets
Oct 16
"Shoe throwing incident" mentioned before Justice Surya Kant led bench

SCBA President Vikas Singh: This shoe throwing incident cannot go unnoticed like this. This person has no remorse. I have sought consent from attorney general and the criminal contempt be listed tomorrow. Social media has gone berserk

SG Tushar Mehta: consent has been given...It is the institutional integrity at stake.

Justice Surya Kant: We are all for free speech. Problem is how to regulate.

SG: The opportunity this institution missed taking and some action was needed.Image
Justice Kant: CJI has shown magnanimity and it shows that Institution is not affected as such

SG: The way this social media is being uncontrollably used..some are making a glory out of this.. and some are speaking of his courage etc. This is about institution..it cannot go on.

SC: We will treat this matter uninfluenced by anything else.
Sr Adv Singh: This is an insult to Lord Vishnu also. I am sure he took would not want this.

Justice Kant: Our religion has never promoted violence. Just think about this..in social media everything becomes a saleable thing.

Singh: this can be taken as John Doe order
Read 6 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!

:(