Thread by @barandbench

#INXMediaCase: Supreme Court begins hearing the petition filed by @PChidambaram_IN challenging the decision of Delhi High Court denying him bail in the case registered by the CBI.

CBI seeks adjournment of the case till tomorrow. Court refuses the request and commences hearing

Senior Counsel Kapil Sibal begins arguing on behalf of P Chidambaram. Reads out portions of the High Court judgment which said that Chidambaram was not at flight risk nor could he have tampered with evidence.

#INXMediaCase
#PChidambaram
@KapilSibal
@PChidambaram_IN

Bail was denied on the ground that it cannot be ruled out that Chidambaram may influence witnesses. This is a presumption, Sibal

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal

Bail cannot be denied on this presumption. If it is found that I have I have influenced or approached any witness, my bail may be cancelled. But i canr be denied bail, Sibal.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal

It is a settled principle that bail cannot be denied based on apprehension. The Judge (of the HC) has not found any material but said that possibility of influencing witnesses cannot be ruled out. It's an apprehension

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal

Sibal reminds the Court of the series of events that took place in August right after anticipatory bail in the case was denied to P Chidambaram by the Delhi HC. Says the duration of time that Chidambaram spent with his legal team was used to say he's at flight risk

CBI had pasted a notice outside his residence asking him to appear before the agency within two hours. The notice didn't mention under what provisions the notice was being issued, Sibal

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal

According to them, I must not exercise my rights to seek interim relief otherwise I'm at flight risk, Sibal

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal

Sibal says there is no purpose to deny bail and concludes his arguments.

Senior Counsel Abhishek Manu Singhvi begins making submissions.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@KapilSibal
@DrAMSinghvi

The hallmark test for grant of bail is the triple test and the findings of the triple test in the impugned order is in my favour and then denied bail.

This is like operation successful but patient has died, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

This is a speculative hypothetical non finding that "it cannot be ruled out that he may influence the witness", Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Every case for bail can be dismissed if the Court, even after finding in the favour of the accused, says that some sealed cover is received, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

There have been six remand applications in the trial court and not once was this mentioned that there is evidence of me influencing the witnesses. Is this not a desperate afterthought to defeat my bail, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

The three other co-accused two are Mukherjeas and one is a so-called chartered accountant. The former couple Mukherjeas is CBI's sealed cover, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

For two years the apprehension of witness tampering was not mentioned. If they had this apprehension, they should have taken steps under witness protection scheme. Trying to show this is a fake argument, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

This witness tampering is a spurious last minute attempt to rent me bail, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

How much credibility will your lordships give to a sealed cover without an affidavit and give credibility to an accused who is also in jail on a murder charge that too of her own daughter, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

All other accused persons are on bail. Karti, the so called CA Bhaskar Raman and the two Mukherjeas... Everyone is on bail except P Chidambaram, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Bail is the rule, jail is an exception. Arrest is the stigma and harassment, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Seriousness of a crime and gravity is subjective but is judged based on the length of the sentence. Offence warranting sentence of more than 7 years is considered grave, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Singhvi also recalls the events of August 20 and 21 and says that when the SLP against denial of anticipatory bail was pending before the SC, propriety would have demanded that the prosecutor does not arrest.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

The time between denial of anticipatory bail by the Delhi HC till Chidambaram held the press conference is being cited by the prosecution as "flight risk" and this is the basis for their cross appeal that they have filed now, Singhvi

#INXMediaCase
#PChidambaram
@DrAMSinghvi

Why are they saying I'm at flight risk? I was not arrested by them from Timbuktu... they did not arrest me from a jungle. I held a press conference, told them I'm going home and went to my house in Jor Bagh, Singhvi

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Singhvi concludes his arguments. Case adjourned till tomorrow.

#INXMediaCase
#PChidambaram
@PChidambaram_IN
@DrAMSinghvi

Operation successful but patient dead, AM Singhvi on Delhi High Court judgment denying bail to P Chidambaram
#PChidambaram @PChidambaram_IN
barandbench.com/operation-succ…