INX Media : SC Asks Chidambaram To Move Lower Court For Bail; Directs CBI Court To Extend Police Custody If Interim Relief Is Declined [Read Order]

[Update at 03:20 PM :

When the bench assembled post-lunch, Solicitor General Tushar Mehta made a mention seeking modification. The SG said that the order effectively asks Chidambaram to be released on bail. He requested the bench to take up matter tomorrow and said that CBI will seek only police custody of Chidambaram till tomorrow. Accordingly, the bench modified the order, directing the listing of the case tomorrow. Earlier it was ordered to be listed on September 5. CBI was granted liberty to seek his police custody for one more day.]

Former Union Finance Minister P Chidambaram will not be sent to Tihar jail under judicial custody for now, with the Supreme Court issuing directions in his petition challenging the August 22 remand order of the Special CBI Court, Rouse Avenue, Delhi.

Declining to grant him interim protection, the bench of Justices R Banumati and Bopanna today asked Chidambaram to approach the lower court for "appropriate relief including interim bail".

The bench has however directed that if interim bail is rejected, the present police custody should be extended for the next three days. This in effect means that he cannot be remanded to judicial custody, and that Chidambaram will remain in police custody in CBI Head Quarters, if the plea for interim bail is rejected by the lower court.

The Special CBI judge will consider extension of remand of Chidambaram today. His CBI custody was extended till today on last Friday.

Issuing notice on the plea to CBI, the SC has asked it to submit its reply on Thursday, September 5.  On that day, the bench has posted for orders the other petition filed by Chidambaram for anticipatory bail in the case registered by Enforcement Directorate.

Senior Advocate Kapil Sibal, appearing for Chidambaram, made an impassioned plea for interim protection saying that without such relief, Chidambaram will be sent to Tihar jail. Sibal laid particular emphasis on the fact that Chidambaram was a 74 year old man.

When the bench asked why lower court cannot be approached for regular bail, Sibal replied that the CBI judge has already expressed inclination to remand Chidambaram to judicial custody.

"After having issued non-bailable warrant against me (Chidambaram), do you think the CBI judge will grant me bail?", Sibal said.

The Additional Solicitor General KM Nataraj questioned the maintainability of the petition challenging a remand order issued by a criminal court. The remedies for regular bail as per the Code of Criminal Procedure should be invoked instead of a petition filed in the Supreme Court, said the ASG.

Chidambaram was arrested by CBI from his Jor Bagh residence on August 21 night in the case registered by the CBI for alleged corruption in the clearance given to FDI by INX Media in May 2007 when he was the Union Finance Minister.

The kickbacks for sanctioning the Rs.305 crores investment was routed through the companies associated with Chidambaram's son Karti ,alleged the CBI.

Both the CBI and ED have registered cases against him under Prevention of Corruption Act and Prevention of Money Laundering Act, respectively.

On August 22, the CBI judge remanded Chidambaram to four days CBI custody after observing that the allegations were "serious in nature" and a "detailed and in depth investigation is required in the case". The custody was extended from time to time.

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[Read Order]