ED can arrest Chidambaram as SC rejects pre- arrest bail plea
New Delhi, Sep 05: The Supreme Court has rejected the appeal filed by P Chidambaram against the order of the Delhi High Court which had rejected his anticipatory bail plea.
The court pronounced its verdict on Chidambaram's plea challenging the Delhi high court's verdict denying him anticipatory bail plea in the INX Media money laundering case lodged by the ED.
The court said granting anticipatory bail will frustrate investigation and this provision is to be used sparingly.
Right to anticipatory bail can't be a subject matter of fundamental right under Article 32, the SC said. In cases of economic offences which are serious in nature, anticipatory bail has to be an exception, the Bench also said.
Chidambaram's 15-day CBI custody, ordered by the special court in five spells, which started after his arrest on August 21 night, comes to end tomorrow.
In the Supreme Court, a bench of Justices R Banumathi and A S Bopanna had reserved orders on August 29 on the Chidambaram's plea in the ED case.
While reserving the orders the bench had said it would decide on the question whether to look into the documents placed before it by the ED in a sealed cover.
"Whether to look into the documents will depend on the decision of the court," the bench had said and added that if it decides not to look into the document, then entire documents will be returned to the ED as it is.
The court had directed the ED to produce the documents in a sealed cover with the authenticated seal of the Directorate of Enforcement.
The court had on September 3 ordered that Chidambaram would remain in the CBI custody till September 5 despite the probe agency insisting that it did not require his further custodial interrogation.
CBI had lodged an FIR on May 15, 2017, alleging irregularities in FIPB clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister. Thereafter, ED lodged a money laundering case in 2017.
The Delhi high court had on August 20, rejected anticipatory bail pleas of Chidambaram in the INX media scam cases lodged by CBI and ED.