Thread by @barandbench

INX Media: Hearing in the plea challenging Delhi High Court order denying anticipatory bail to P Chidambaram begins.

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#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"

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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

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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.

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@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.

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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.

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The CBI had no business arresting P Chidambaram when the plea was pending here, Singhvi.

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#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.

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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.

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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

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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.

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

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@PChidambaram_IN

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

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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.

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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

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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.

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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.

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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

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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

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

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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.

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

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Sibal detailing the facts of the INX Media case and the allegations made against P Chidambaram.

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The Bench rises for lunch. The hearing to continue thereafter.

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

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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

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

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

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

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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

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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.

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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.

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

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@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

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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

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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

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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?

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

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

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Is there no counter to that note? - Justice Banumathi

No - Sibal

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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

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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

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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

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

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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

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

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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

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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

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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

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

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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

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

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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

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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

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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

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Sibal citing some judgments to buttress his case.

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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.

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