INX Media: Bail to P Chidambaram would be against ‘Zero Tolerance Policy on Corruption’, CBI tells Delhi HC

The Central Bureau of Investigation has told the Delhi High Court that granting bail to former Union Minister and Congress leader P Chidambaram in the INX Media case would be against the “zero-tolerance policy in corruption” and would set very wrong precedence.

. “ The gravity of the offences committed by the Petitioner/Accused (P Chidambaram) for which he is being investigated does not entitle the Petitioner/Accused to seek any relief from the Hon’ble Court as the same would not only be against the “ZERO TOLERANCE POLICY ON CORRUPTION” but would also be setting a very wrong precedence in all corruption cases.”

. It is a clear case of betrayal of public trust at large, the Agency claims.

. The assertion was made by the Agency in its counter-affidavit filed in the bail plea moved by P Chidamabarm under Section 439 of the Code of Criminal Procedure, 1973.

. In view of the overwhelming, incriminating evidence against P Chidambaram, the Agency has prayed for dismissal of his bail plea.

. “..The facts of the case, the gravity of the offence, the magnitude of the financial embezzlement, the brazenness and the impunity with which the High Public office was misused by (P Chidambaram) while commissioning the present offence further disentitles him to seek any relief from this Court.” , it is stated.

. The Investigating Agency has also claimed that P Chidambaram was a flight risk.

. Dismissing P Chidambaram’s contention that he had strong roots in the society and should thus be enlarged on bail, the Investigating Agency has remarked that everyone who evaded law in the past also had strong roots in India,

. “ The Investigating Agency has in the past experienced, in similar cases related to the economic offence of this magnitude, that the accused therein, who also held high public offices, as well as owing huge business empires, have evaded the process of law fleeing from the country.”

. The Agency has thus submitted that Chidamabarm posed a serious flight risk and the possibility of him evading the process of law could not be ruled out.

. It is further argued that there is a real and imminent danger of Chidambaram influencing the witnesses and tampering the evidence as he is a very powerful and influential person.

. The Court has also been informed that the investigation is ongoing and is currently at pre- chargesheet stage. Nonetheless, the statements of the certain persons connected to the case have shown that P Chidambaram is the “main conspirator of the entire offence”, it is added.

. Relying on a catena of judgements, the Agency has pleaded that economic offences are considered to be the gravest offence against society at large and are hence, required to be treated differently in the matter of bail.

. In response to Chidambaram’s claim that the offence in question is not serious in nature as the punishment is of merely 7 years, the Agency has argued that gravity of the offence has to be judged by its impact on the society, economy, financial stability and integrity of the country.

. The Agency has also submitted that challenge with respect to the judicial custody remand of P Chidambaram are beyond the scope of a plea under Sec 439 CrPC.

. The INX Media case pertains to the alleged irregularities in the Foreign Investment Promotion Board clearance to INX Media at the time when P Chidambaram was the Finance Minister. It is the case of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) that P Chidambaram and his son Karti Chidambaram received illegal gratification from INX Media owners, Peter and Indrani Mukherjea for the clearance.

. After being arrested by CBI last month, Special CBI Judge Ajay Kumar Kuhar had remanded Chidambaram to judicial custody on September 5 after the expiry of the maximum time period for police custody of an accused. Earlier this week, his judicial custody was extended by the CBI Court till October 1.

. The Delhi High Court had issued notice to CBI in the bail plea filed by C hidambaram in the INX Media case on September 12.

. The matter would be heard on September 23.

INX Media: Bail to P Chidambaram would be against ‘Zero Tolerance Policy on Corruption’, CBI tells Delhi HC

Aditi Singh

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