Thread by @barandbench

#INXMedia: P Chidambaram produced before the CBI Court from Tihar.

Proceedings to begin soon.

#PChidambaram

@PChidambaram_IN

Solicitor General Tushar Mehta for Enforcement Directorate begins his submission.

There is a finding by the Supeme Court that custodial interrogation of P Chidambaram is necessary.

Mehta moves application for P Chidambaram's arrest and remand.

Senior Advocate Kapil Sibal objects with respect to the procedure adopted by the Agency.

Enforcement Directorate cannot arrest him and seek his custody, Sibal.

Yes the Supreme Court said that they could arrest him. But they chose not to do so, Sibal.

There cannot be a remand after the 15 day period is over when the act under question here forms part of the same transaction which CBI is investigating, Sibal.

The FIR was registered by CBI and ECIR was registered by ED based on that. There is no separate transaction, Sibal

As long as the transaction is same, the offences may be different, there cannot be an extension of remand beyond 15 days, Sibal

P Chidambaram could not have been brought to Court in this manner. It is contrary to law, Sibal

Production could be done only in case of inquiry or trial. Investigation is neither inquiry or trial. Production of a person for arrest is unknown to law, Sibal

Sibal reads section 267 CrPC to support his contention.

No application could have been filed under Section 267 for his production before Court, Sibal.

"Other proceeding" in section 267 crpc cannot be read to mean investigation, Sibal

Investigating Agency cannot use the aegis of Court to seek Chidambaram's arrest when no proceedings are pending before it, Sibal

Even the Delhi High Court Rules prohibit production of an accused in this fashion, Sibal

Sibal refers to a remand application filed by the CBI earlier in the case to state that both CBI and ED are investigating the same transaction.

The moment money is given as quid pro quo, if its corrupt practice, it is proceeds of crime. If you look at the ECIR and FIR, it is verbatim, Sibal

This application for remand does not lie. He could not have been called from Tihar, Sibal

Even the order passed by the CBI Court while dismissing the earlier surrender application had recorded that the surrender could not be accepted since nothing was pending before the Court, Sibal

Sibal urges Court to withdraw and cancel the production warrant.

Sibal points out that production warrant was ex parte without issuing notice.

When we start with wrong questions, we end up with wrong arguments, Mehta.

Money laundering in an independent and standalone offence, Mehta.

Money laundering not part of same transaction. It is a separate offence. The root may be the predicate offence, Mehta.

The law recognizes that Section 3,4 PMLA are separate and distinct offence, Mehta

Mehta cites cases to support his claim.

A person in judicial custody is deemed to be in the Court's custody and it is not possible to arrest him without the Court's permission, Mehta

Section 19 PMLA gives a distinct, separate power to arrest to ED, Mehta

The application for withdrawal of the production warrant is not maintainable as the court has no power to review, Mehta

Section 267 CrPC includes investigation under the term "other proceedings". We cannot barge into judicial custody to make an arrest, Mehta.

CBI cannot go into proceeds of crime, only ED can investigate that, Mehta

No review lies against order of production warrant. They can move an appeal, Mehta

Mehta urges Court to allow ED to arrest to P Chidambaram.

I will press the remand application in half and hour after arrest, Mehta

ED cannot seek remand under PMLA when there has already been a remand under IPC, Sibal

CrPc makes no distinction when the transaction is the same, Sibal

ED has no power to arrest because the maximum period for remand is over, Sibal

Sec 19 PMLA doesn't require permission from Court to arrest, Sibal

You cannot bring in an accused before Court for a formal arrest, Sibal

If the predicate offence falls, money laundering will also fall. That's why it is the same transaction, Sibal

Mehta reads Section 44 PMlA to conclude his arguement.

In the event the order goes against us, it is our request to allow the same facilities to Chidambaram which were provided when he was arrested by CBI, Sibal

CBI Court reserves order.

I will pass orders on the applications tomorrow, Judge Ajay Kumar Kuhar.