‘Want of Sanction for Prosecution’: Delhi HC stays trial against Chidambaram in Aircel-Maxis scam

HC pauses trial against P Chidambaram in Aircel-Maxis money laundering case

Citing the need for Sanction for Prosecution, the Delhi High Court on Wednesday stayed the trial court proceedings against senior Congress leader P Chidambaram in the Aircel-Maxis case lodged by the Enforcement Directorate. The High Court’s order came after Chidambaram approached citing the recent Supreme Court ruling that ED must get Sanction for Prosecution for taking cognizance by the trial court.

“Notice issued. Till the next date of hearing, the proceedings against the petitioner shall remain stayed. List on January 22,” Justice Manoj Kumar Ohri said, adding that he will pass a detailed order later. Senior advocate N Hariharan, representing Chidambaram, contended that the special judge took cognizance of the chargesheet for the alleged offence of money laundering in the absence of any sanction for prosecution of the former Union Minister who was a public servant when the offence was allegedly committed.

The ED counsel raised a preliminary objection on the maintainability of the petition and submitted that the sanction for prosecution was not required in this case as the allegations pertain to Chidambaram’s actions that have nothing to do with his official duties. As an interim relief, Chidambaram has also sought a stay on the proceedings before the trial court.

The trial court on November 27, 2021, took cognizance of the chargesheets filed by the CBI and the ED against Chidambaram and Karti in the Aircel-Maxis case and summoned them on a later date. Many accused persons are approaching higher courts after the recent Supreme Court ruling which insists Sanction for Prosecution against public servants.

Chidambaram’s counsel said obtaining sanction for prosecution under Section 197(1) of the Code of Criminal Procedure (CrPC) is mandatory and the ED has not obtained it to date to prosecute the Congress leader. The counsel said the proceedings before the trial court are currently fixed for consideration of charges. Chidambaram, his son Karti, and many officials were chargesheeted by ED and CBI for the violations Aircel-Maxis deal in 2018. The agencies accused Chidambaram as Finance Minister in 2006 violated norms in the takeover of Aircel mobile phone company by Malaysian telecom giant Maxis and bribe money was routed through his son’s companies.[1]

Reference:

[1] Aircel-Maxis scam: Special Court summons Chidambaram, son Karti and other accused after taking cognizance of CBI & ED chargesheets – Nov 27, 2021, PGurus.com

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