News By/Courtesy: Ojaswi Gupta | 30 Sep 2019 23:28pm IST

HIGHLIGHTS

  • A regular bail application filled by former Union Finance Minister P Chidambaram in the INX Media case is dismissed by the Delhi High Court.
  • Petitioner is a renowned public figure, a former Union Minister and has roots in the society
  • The investigation is at advance stage, therefore, this Court is not inclined to grant bail

 A regular bail application filed by former Union Finance Minister P Chidambaram in the INX Media case is dismissed by the Delhi High Court.

Justice Suresh Kumar Kait, while dismissing the bail application, observed that though P Chidambaram does not have the power to tamper evidence and does not pose a flight risk, he can influence the witness at this stage of the investigation as he is a member of the bar and ex-union minister.

The judgment reads down “This Court cannot dispute the fact that petitioner has been a strong Finance Minister and Home Minister and presently, Member of Indian Parliament He is a respectable member of the Bar Association of Supreme Court of India. He has long-standing in BAR as a Senior Advocate. He has deep root in the Indian Society and maybe some connection abroad. But, the fact that he will not influence the witnesses directly or indirectly cannot be ruled out in view of the above facts. Moreover, the investigation is at the advanced stage, therefore, this Court is not inclined to grant bail".

Justice Kait further observed, “the entire Community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book as such offenses affect the very fabric of democratic governance and probity in public life”.

Senior Counsels Kapil Sibal and Abhishek Manu Singhvi had made the following submissions before the court during the course of their arguments while arguing in favor of the bail application:

  1. The offense the Petitioner is charged with us only punishable with 7 years of imprisonment. Therefore, as per the law laid down in the Arnesh Kumar judgment, it's not a serious offense
  2. Petitioner is a renowned public figure, a former Union Minister and has roots in the society. Therefore, there's no possibility of him fleeing the investigation.
  3. Since all the evidence is documentary and in the custody of the ED, the possibility of tampering doesn't arise.
  4. The present case doesn't involve any misappropriation of public money.

 

Mr. Mehta while appearing for CBI had also accused the Petitioner of destroying the visitor’s book which could've proved his meeting with Indrani Mukherjee.

Section Editor: Prithvjjit Mukherjee | 03 Oct 2019 0:34am IST


Tags : #SC #HIGHCOURTS

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