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#inxmediacase: Supreme Court Bench of Justics R Banumathi, AS Bopanna and Hrishikesh Roy hearing the bail plea filed by P Chidambaram in the ED case against him. @PChidambaram_IN
@PChidambaram_IN Senior Counsel Kapil Sibal making arguments on behalf of Chidambaram @KapilSibal
@PChidambaram_IN @KapilSibal Sibal recounts the facts of the case and submits that Chidambaram had offered to surrender, but the ED rejected the same. @dir_ed
@PChidambaram_IN @KapilSibal @dir_ed Sibal: Witnesses were available to ED since 2018, but Chidambaram was not interrogated till the SLP was filed.
@PChidambaram_IN @KapilSibal @dir_ed Sibal: The idea is to keep me (Chidambaram) in custody for as long as possible. Earlier they (ED) argued that they immediately needed me for questioning, but then they didn't interrogate me after CBI judicial custody was over. They just wanted me in jail.
@PChidambaram_IN @KapilSibal @dir_ed Sibal points out that the findings of the Delhi HC order are the same as the ED's counter affidavit. This happened in the first round also, and Your Ladyship (Justice Banumathi) had remarked that it should not happen.
@PChidambaram_IN @KapilSibal @dir_ed How does counter affidavit become finding of the Court? What kind of judicial process is this? And my bail was rejected on this ground, Sibal
@PChidambaram_IN @KapilSibal @dir_ed It is said that a wrong message will be sent to the public if I am released on bail as though I am some Ranga Billa, Sibal.
@PChidambaram_IN @KapilSibal @dir_ed The allegations are yet to be established. If they are taken to be established, what is the point of a charge? May as well convict me. The "gravity" of the matter will never change. So I should be incarcerated all my life? Sibal
@PChidambaram_IN @KapilSibal @dir_ed Unlike in CrPC where FIR has to be registered under Section 154 for cognizable offence, there is no such provision under the Prevention of Money Laundering Act (PMLA). Under PMLA, there is ECIR, which is an internal document, Sibal.
@PChidambaram_IN @KapilSibal @dir_ed Sibal: In this case, an FIR was registered by the CBI and the contents of that FIR became the ECIR
@PChidambaram_IN @KapilSibal @dir_ed Bench rises for lunch.
@PChidambaram_IN @KapilSibal @dir_ed Senior Counsel Abhishek Manu Singhvi begins submissions for P Chidambaram @DrAMSinghvi
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Singhvi: They are applying the test of gravity of offence. With this test, the accused will stay in jail forever. The gravity won't change.
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Only an extraordinary category of crimes warrants denial of bail. Mere expression of "gravity of offence" cannot substantiate denial of bail, Singhvi.
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Legislature treats offences warranting less than 7 years' imprisonment as being relatively less grave, Singhvi
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Singhvi cites a judgment in which it was held that gravity of offence alone cannot be a ground for denial of bail.
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Reading from Himachal Pradesh High Court judgment, Singhvi says, "Punishment begins after conviction...Here, I have been in jail for 100 days."
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi Principle of law is that the High Court and the Supreme Court cannot go into the merits at this stage. What will the trial court do otherwise? Singhvi
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi The Delhi High Court order has gone into the merits of the case and has been dispositive in granting me bail, Singhvi
@PChidambaram_IN @KapilSibal @dir_ed @DrAMSinghvi All the allegations are not qua Chidambaram, but about others. Singhvi concludes. Enforcement Directorate to make submissions tomorrow. @dir_ed
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