INX media case: SC reserves judgement on Chidambaram's bail plea

Agencies
October 18, 2019

New Delhi, Oct 18: The Supreme Court on Friday reserved judgement on a plea of former Union Minister and Congress leader P Chidambaram against the order of Delhi High Court that dismissed his bail petition in the INX media case.

A bench headed by Justice R Banumathi reserved the judgement on the bail hearing plea after hearing arguments from the counsels of Chidambaram and CBI.

Solicitor General Tushar Mehta, representing the CBI, said, "Illegal investment comes into INX and that the investment also goes out without permission (downstream). There was a downstream investment into other companies of INX without any application. A very scientific and professional investigation has resulted in this chargesheet."

"Sometimes, the position of the accused is such that his presence is enough to influence and intimidate the witnesses. Atleast till some part of the trial is conducted and some material witnesses are examined, the court will face this situation. Chidambaram should not be granted bail till some of the crucial witnesses are examined in trial in INX media case. This is not a usual bail application," Mehta added.

The CBI said that that people are witnessing an era where persons who are accused of financial offences are fleeing the country.

"We have people who have fled the country. They all were responsible people and had a reputation standing in society. They had properties in the country. I am not comparing. We, as a nation are facing this problem. I am not comparing but arguing on this principle. We can't take the risk again," Mehta said.

Lawyer Kapil Sibal, appearing for Chidambaram, said that putting a person in jail for a longer period of time and incarcerating him does not do any good to criminal jurisprudence. "They should present a strong case for arrest after filing chargesheet," he said.

"If their chargesheet has found me guilty, then let them prove it in court during trial. There is no point to bring it all here in a matter of bail. I will answer the allegations in trial," Sibal added.

As Sibal started his arguments, Mehta raised objection to his reference to the 2G spectrum case.

Sibal said, "I can argue the way I want. " Mehta on the other hand, replied, "Don't bring up fairytales."

Sibal replied to Mehta saying, "Sometimes you threaten, sometimes you interrupt."

Amidst the pandemonium, Justice Bhanumathi stepped in and said, "Then sometimes you both smile, laugh and talk to each other."

Sibal said that Chidambaram never submitted an application to travel out of the country.

"Chidambaram never gave an application to travel out of the country. Where can he run away? World knows him. Can we escape trial? It's a spurious, unreasonable and thoughtless to say he has flight risk," he said.

"Solicitor General Tushar Mehta makes the unique argument that Chidambaram will come to the conclusion that he is bound to be convicted and will run away.

What is this new jurisprudence? He has never even once applied for foreign travel," the advocate added.

Sibal alleged that it is a clear purpose of CBI to seek further custody of Chidambaram in order to humiliate him.

Earlier in the day, the CBI filed a chargesheet in a Delhi Court here in connection with the INX media case. P Chidambaram, his son Karti Chidambaram, former media baron Peter Mukerjea among others have been named in the CBI chargesheet.

Chidambaram was arrested by the Enforcement Directorate on Wednesday under the Prevention of Money Laundering Act. A special court had on Thursday sent him to the ED custody till October 24.

Special Judge Ajay Kumar Kuhar, while sending Chidambaram to the custody, allowed an application filed by the Congress leader seeking western toilet, home-cooked food, medicine and a separate cell.

In August, the senior Congress leader was booked by the CBI to probe the charges of corruption in the same case.

In the CBI case, the court extended his judicial custody in Tihar jail till October 24.

The case pertains to an FIR registered by the CBI for alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance given to INX Media to the tune of Rs 305 crore in 2007 by Chidambaram when he was the Finance Minister.

ED is investigating the alleged offence of money laundering that arose out of the FIR.

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April 12,2024

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New Delhi, Apr 12: India on Friday asked its citizens not to travel to Iran or Israel amid escalating tensions between the two countries following a strike on the Iranian consulate in Syria 11 days ago.

Iran blamed Israel for the strike and there have been fears that Tehran may launch an attack on Israel soon.

In an advisory, the Ministry of External Affairs (MEA) also urged the Indians residing in Iran and Israel to exercise utmost precautions about their safety and restrict their movements to minimum.

“In view of the prevailing situation in the region, all Indians are advised not to travel to Iran or Israel till further notice,” it said.

“All those who are currently residing in Iran or Israel are requested to get in touch with Indian Embassies there and register themselves,” the MEA said.

“They are also requested to observe utmost precautions about their safety and restrict their movements to the minimum,” it added. 

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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