Delhi HC seeks CBI stand on Chidambaram’s plea to delay framing of charges in INX Media bribery case

Delhi HC seeks CBI’s stand on Chidambaram’s plea to defer

The Delhi High Court on Monday sought the stand of the CBI on pleas by former Union Minister P Chidambaram and his son Karti Chidambaram seeking to defer arguments on framing of charges in the INX media case. The Congress leaders argued that the arguments on framing of charges ought not to commence before the trial court as the investigation was still pending. Justice Manoj Kumar Ohri issued a notice to the investigating agency on the petitions and said “Let a response be filed“.

The accused and bribe giver Indrani Mukerjea had already confessed that she had paid a bribe to Karti (thru his firms) to save from Income Tax notice for illegally bringing FDI into the INX TV channel. That time Chidambaram was Finance Minister and Indrani confessed that she obliged everything Chidambaram demanded to save from the Income Tax Notice for illegally bringing Rs.300 crore as FDI. She later turned as an Approver in the case.[1]

CBI’s counsel said there was sufficient material to show “demand of bribe” and framing of charges should not be stopped on account of any pending investigation. The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs.305 crore in 2007 during P Chidambaram’s tenure as Finance Minister.

In the pleas before the high court, Chidambaram and Karti, who were represented by senior advocate Sidharth Luthra and advocate Akshat Gupta, have assailed a trial court order refusing to defer the arguments of the charge. Luthra said the chargesheet filed by the CBI in the case was incomplete and the accused persons were yet to be given access to all the material collected by the agency as a probe on certain aspects was going on.

“The Ld. Special Judge failed to appreciate that the alleged offence pertains to a period of 2007-08, for which, the said FIR was registered by the CBI on 15.05.2017. Thereafter, the chargesheet in relation to the said FIR was filed on 17.10.2019, after investigation for over 2.5 years,” the plea stated. It said more than 17 years have elapsed since the period of the alleged offence and about seven years have elapsed since the commencement of the investigation. Yet further investigation remains pending even as of date, said Chidambaram and Karti’s petition to delay the trial court from Framing of Charges.

“The Ld. Special Judge failed to appreciate that further investigation cannot be a never-ending or an endless exercise as it has the effect of delaying the proceedings and, thereby, violating the right to fair and speedy trial, which includes the right to fair and speedy investigation, under Article 21 of the Constitution,” added the plea.

Chidambaram was arrested by the CBI in the INX Media corruption case on August 21, 2019. On October 16 that year, the ED also arrested him in a related money laundering case. Karti was arrested by the CBI in February 2018 and he was granted bail in March 2018 in the INX Media corruption case.

Reference:

[1] INX Media bribery case – Bribe giver Indrani turns Approver – Jul 04, 2019, PGurus.com

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