Won't Summon Sr Adv Nalini Chidambaram To Kolkata In Sharada Chit Fund Case Till July 10 : ED Tells Supreme Court

The Supreme Court today deferred till July 10 a plea filed by Senior Advocate Nalini Chidambaram (wife of ex-Finance Minister P Chidambaram) against ED summons requiring her to appear outside her ordinary place of residence. It may be recalled that she has been roped in by agencies in relation to the Saradha chit fund scam case.

In passing the order, what weighed with the Bench of Justices Bela M Trivedi and Pankaj Mithal was a submission by Sr Adv Kapil Sibal (appearing for Nalini) that she had recently had a knee surgery which made it impossible for her to undertake air travel to Calcutta in response to the summons.

Posting the matter to July, the Court recorded a submission of ASG SV Raju, which was to the effect that, "in view of the above submissions made by the learned Senior counsel for the appellant... the appellant shall not be called for interrogation at Kolkata till the next date of hearing".

At the same time, Nalini's counsels were asked to place on record the relevant medical papers after serving a copy thereof to the other side by the next date.

During the hearing, while briefly countering the allegations, Sibal could be heard submitting that Nalini's legal services were hired by Sudipta Sen (the main accused in Saradha chit fund scam). On Justice Trivedi pointing out that she is an accused in the predicate offense, it was contended, "My only act is that I performed a legal service and was paid a fee...by cheque...and I have disclosed it in the account, that's been accepted. That's the only thing against me, there is nothing else."

Sibal also apprised that chargesheet has already been filed against Nalini in the CBI matter. "She is an accused... as far the question of ED summoning her is concerned, it is still at large", he said.

The Senior Counsel also informed that Nalini had applied for anticipatory bail in Calcutta High Court, where an interim order was passed in her favor (insofar as ED is concerned). Hearing this, Justice Trivedi asked, "so at the moment you are protected? no question of arrest...". Answer was given in the affirmative. Subsequently, the issue of Nalini's health was brought up.

Courtroom Exchange

Trivedi J: You are only challenging Section 50 [summons]

Sibal: Yes, only summons. But they are saying go to Calcutta...I am willing to...

Trivedi J: Why should you resist? You are protected by the High Court

Sibal: At the moment, there is a problem...she just had a knee surgery...she's 78 years old...she can't ride a plane, it would be impossible...I can file an affidavit. They can come and interrogate in Chennai

Trivedi J: Not only interrogation...production of documents...

Sibal: Fine, we have never said no. All documents produced

Raju: For confrontation, we may require...if there is medical ground, then let them produce medical...there is nothing in the petition

Sibal: I will. But what confront? She only appeared for him as a lawyer alongwith other senior lawyers...none of the senior lawyers made accused

Raju: ...Supreme Court held that ... we can't agree to Calcutta...if she is sick, I may give her some concession

Sibal: That's fine, give us that concession.

Case Title: Nalini Chidambaram v. The Directorate of Enforcement and Ors., C.A. No. 5160-5161/2023

Click here to read the order