Thread by @barandbench

#INXMedia: Hearing in the bail plea filed by P Chidambaram in the CBI case registered against him to begin before the Supreme Court shortly.

The CBI today filed its chargesheet in the INX Media case today which names P Chidambaram as an accused.

#PChidambaram

Hearing commences and Solicitor General Tushar Mehta begins to make his submissions non behalf of the CBI

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#PChidambaram
@PChidambaram_IN

Considering the position of the accused, the agency will have to be extra careful because sometimes situation may arise where something is happening more than meets the eye, Mehta

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@PChidambaram_IN

Argument was made that ED did not arrest the petitioner (Chidambaram) earlier. That argument should go in favour of the agency rather than agaisnt, Mehta

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A professional investigating agency would not grab the chance to arrest once the SLP is dismissed. Purpose of arrest is for effective interrogation so that period of 15 days can be utilised to the maximum, Mehta

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On Sept 5, this Court dismissed the SLP (for anticipatory bail in ED case). ED thereafter examined witnesses till October 9 and when agency concluded that the stage had come to arrest and interrogate Chidambaram, an application was moved on October 11

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After getting Court's permission, we (ED) arrested him and then yesterday approached the Special Judge with a detailed application stating custodial interrogation is needed, Mehta

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@PChidambaram_IN

The Special Judge has granted 7 days police remand as against request for 15 days in the ED case, Mehta

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It should be illicit oriented interrogation process and the professional agency (ED) moved to arrest him after doing its homework, Mehta

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There is an attempt to create prejudice that steps are taken to anyhow keep him in custody. I'm just satisfying the Court against that attempt to prejudice, Mehta

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Chargesheet in the CBI case was to be filed within 60 days and that period of 60 days expires on Sunday (October 20) and today we have filed the chargesheet, Mehta

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Chargesheet filed against several persons including officials, P Chidambaram and @KartiPC, Mehta

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@PChidambaram_IN

There are 15 persons named. Charges under Sections120B read with 420 IPC,
468, 471 IPC read with section 9, 13(2), 13(1)(a) of Prevention of Corruption Act, Mehta

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#PChidambaram
@PChidambaram_IN

Investigating agency is of the opinion that disclosure of the statements by one of the Prosecution witness is not desirable to be shared with the accused in the interest of justice, Mehta

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It was this statement that formed the basis of the judgement of the High Court that he was being influenced. We have chosen to hide his identity, Mehta

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We have withheld his identity to prevent further possibility of influence in light of the vulnerability. This person is NOT Indrani Mukherjea. Her statement is mentioned, Mehta

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The CBI offence is how the money was generated, how according to us demand and return of bribe and quid pro quo and FIPB approvals were given. The ED offences are different, Mehta

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@PChidambaram_IN

There is a serious danger of witnesses being approached and influenced. It's not a fanciful apprehension of the agency and the High Court has looked into it, recorded it's findings, and denied bail, Mehta

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Country needs to go for zero tolerance policy as far as corruption allegations are conerned, Mehta

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SG Tushar Mehta reading our evidence collected during the investigation in the CBI case

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On influencing witnesses, Mehta says sometimes the presence of a person is enough to intimidate or influence a witness.

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FIR named INX Media but now we have evidence against the son (Karti Chidambaram) to show that money was received but no services were rendered, Mehta

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@PChidambaram_IN

Investigation qua INX is largely over but against other beneficiary companies is still underway, Mehta

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#PChidambaram
@PChidambaram_IN

On counter SLP filed by the CBI against the judgment of the High Court:

We are witnessing a time where persons guilty of financial offences are fleeing the country. I'm not comparing, but arguing on principle, Mehta

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#PChidambaram
@PChidambaram_IN

What can be the test for flight risk. I argued before the High Court that the first test can be by the gravity of the offence. If a person is facing conviction in a serious case, there is a motive to leave the country, Mehta

Second test can be whether he has the wherewithal to leave the country. Third test can be whether he has enough provisions to sustain in a foreign country, Mehta

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@PChidambaram_IN

Please examine the petition dispassionately on the question of flight risk. We have burned our fingers already, we don't want to suffer again, Mehta says hinting at economic offenders who have fled the country already

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On tampering with evidence:

Whether the presence of the person enlarged will hamper or help the investigation is the question, Mehta

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Since the chargesheet has been filed and the investigation qua other important things is still underway, the Court may not grant bail at this stage, Mehta concludes his arguments

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Senior Counsel Kapil Sibal begins his rejoinder arguments, says the chargesheet may have been filed but that may not be the ground to deny bail.

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@PChidambaram_IN

Chargesheet found certain things in 2G case also, then what happened, Sibal

That is a sub judice matter, not proper to bring it up, Mehta

There is a Judgment in the case, Sibal

There is an appeal also, Mehta

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Sibal: I can argue the way I want

Mehta: Don't bring up fairytales

Sibal: This is too much. Sometimes you threaten, sometimes you interrupt

Justice Banumathi: Then sometimes you both smile, laugh and talk to each other

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#PChidambaram
@PChidambaram_IN

We cannot go into the merits of the case in a bail matter. High Court has recorded some findings and that is why this Court has to protect me. Chargesheet findings are matter of trial, Sibal

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#PChidambaram
@PChidambaram_IN

In the last two years, they (CBI) investigated me only once. Either the CBI is incompetent or did not have the intention to. Even during the time in JC they could have taken Court's permission and interrogated but didn't, Sibal

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Sibal cites a judgment of the Supreme Court in the case of Dataram singh vs UP which says bail is the general rule

Sibal opposes Mehta's suggestion for test for flight risk:

Which accused is going to believe that he is "bound to be convicted" and the Prosecution will always believe that the accused is guilty, Sibal

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Chidambaram has not even made an application to travel, forget travelling. And where will he run away? Where will he go? There is a look out notice, he is recognised all over the world. Why must this unique test be applied in this case only, Sibal

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That the possibility of witnesses being influenced "cannot be ruled out" is true for every case. What kind of a test is this? Might as well deny bail to every person based on this test, Sibal on tje reasoning given by the Delhi HC

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Sibal cites the triple test for grant of bail again, says in case of apprehension of vulnerability of the witness, Sibal says agency should have taken steps to protect the witness under the witness protection scheme

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I wasn't confronted for two years. What the CBI is doing is a media trial, Sibal

I seriously object to this. This cannot come in written submissions, Mehta

It is my case that it is a media trial, Sibal

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Tushar Mehta intervenes to say that the statement of the vulnerable witness is a 164 statement and was recorded in March 2018.

Sibal highlights that Chidambaram was not even arrested then.

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Senior Counsel Abhishek Manu Singhvi makes rejoinder submissions.

Two developments have taken place today - chargesheet has been filed and the the chargesheet does not include any section regarding tampering of evidence, Singhvi

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They say the 164 statement of the witness was recorded in March 2018 but no section for tampering is included in the chargesheet which means even the prosecution doesn't seem to consider tampering a serious offence, Singhvi

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Tests suggested should be blanket test not individuated case, Singhvi

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This "professional" agency had sought to arrest Chidambaram at midnight on August 21, Singhvi

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Arguments concluded, Supreme Court reserves its order in the bail plea filed by P Chidambaram in the case registered by the CBI in INX Media Scam.

#INXMedia
#PChidambaram

INX Media case: Solicitor General Tushar Mehta, Kapil Sibal face off in plea by P Chidambaram challenging HC order denying bail

@KapilSibal @PChidambaram_IN

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