Tuesday was a bad day for Karti Chidambaram in both the trial court and the Supreme Court in the INX Media bribery case. While trial court Judge Sunil Rana extended Karti’s CBI custody by three days, a SC Bench headed by Chief Justice Dipak Misra declined to give interim relief to Karti on his petition seeking protection against arrest by the Enforcement Directorate (ED).
The trial court declined to hear Karti’s bail petition after Additional Solicitor General (ASG) Tushar Mehta told the court that the CBI wanted to give a detailed reply to the petition.
The CBI produced Karti before special judge Sunil Rana after his five-day police custody ended on Tuesday. The CBI argued that an extension of custody was needed as there were new revelations in the case and custodial interrogation was necessary to confront him with new facts.
The CBI counsel said there is substantial progress in the last four days of investigation into the case. But he claimed that Karti had not been cooperating in the investigation and not even disclosing passwords of his mobile phones.
His answer to every question was, “I am politically victimised”, the agency added.
Arguing for CBI, the ASG alleged that Karti and his associates approached certain witnesses and even destroyed crucial evidence.
The CBI, which sought Karti’s custody for nine more days, said he was taken to Mumbai and confronted with Indrani Mukerjea, one of the then promoters of INX Media, at the Byculla Prison. .
“New revelations in the matter have come up day before yesterday (Sunday). I cannot divulge much about investigation, but we need his further custody to confront him with the new facts,” the ASG told the court.
He also opposed Karti’s bail plea, saying the investigation was at a “crucial stage” and the CBI needs two weeks to file a detailed reply to his bail application.
However, the court posted the hearing on the bail plea on March 9 when Karti will be produced before it after his three-day police custody.
Senior advocate Abhishek Manu Singhvi, appearing for Karti, said the CBI just wanted to keep him in custody by hook or by crook. “I have cooperated. I am not obliged to answer what you (CBI) want to hear. My duty is only to make myself available for questioning,” Singhvi submitted on behalf of Karti.
“The shifting of stands/reasons by the CBI to keep me in custody is a malafide attempt on their part to get my custody,” the senior advocate said.
Karti’s father and former Finance Minister P Chidam-baram and mother Nalini Chidambaram, also a senior advocate, were present in the courtroom during the hearing. The court had allowed Karti to meet them for 10 minutes.
While Singhvi insisted that this is a politically motivated case, Mehta countered that this is nothing but a clear criminal case.
Earlier in the day, the Supreme Court refused to grant Karti interim protection from arrest by the ED. The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud sought a response from the ED on Karti’s fresh plea seeking protection against arrest. Senior advocate Kapil Sibal appeared for Karti in the SC to argue that it’s a simple case of son returning the loan given by his father for which his client is being prosecuted for money laundering.
Citing the ongoing investigation and procedures in the trial court, the CBI and ED vehemently objected Karti’s petition. The court posted the matter for hearing on March 8. In his fresh writ petition, Karti has challenged the summons on the ground that the ED has no jurisdiction to issue such notices based on the FIR lodged by the CBI.