[Chinese Visa case] Delhi Court directs CBI to give 3 days' notice to Karti Chidambaram before arrest

A Delhi Court on Friday directed the Central Bureau of Investigation (CBI) to give three days' written notice to Member of Parliament Karti Chidambaram in the event that he is to be arrested in relation to the Chinese visa case [Karti P Chidambaram v. CBI]. .Special CBI Judge MK Nagpal passed the order in the anticipatory bail application filed by Chidambaram. His plea was filed the day following the arrest of his aide S Bhaskararaman, who is presently in CBI custody. .The case came to be registered by the CBI after a search and seizure inquiry was conducted at the residence of Karti's father, former Union Minister P Chidambaram on May 14. It was alleged that Karti Chidambaram was facilitating visas of 250 Chinese nationals after receiving illegal gratification of ₹50 lakh.Senior Advocate Kapil Sibal, appearing for Karti, contended that prima facie, illegality had not been established. "This would happen in the normal course of events. Nothing to show the applicant is involved, other than the bare statement," Sibal argued. CBI opposed the application, stating there was no apprehension of arrest. The agency, however, stated that it would give 48 hours' notice in the event they wanted to arrest. It offered giving a written notice of 48 hours prior to arrest, in case Karti’s arrest was required in this case, after he joining investigation on his return to IndiaThe Special judge noted that proposal was acceptable to Sibal, albeit, the period of notice was too less to seek appropriate legal remedies against the said notice.“This court also feels that the above time of 48 hours for giving a written notice prior to arrest of the applicant, in case it is required so, is short and at least 3 working days time may be given to the applicant for having recourse to the legal remedies in case the CBI intends to arrest him in this case after his joining of the investigation (sic),’ the order stated..Karti was accordingly directed to join and cooperate in the investigation within 16 hours on his return to India..The allegations in the FIR were that Talwandi Sabo Power Limited paid an amount of ₹50 lakh to Bell Tools Limited which in turn relayed it to S Bhaskararaman as gratification for the Chinese visas.Karti Chidambaram's plea stated that nothing incriminating was found and no incriminating material was seized during the said search proceedings. "No cash or any other undisclosed income was recovered. No documents in relation to any undisclosed property or assets was recovered or seized," the plea emphasized.It further pointed out that there had been no allegation that the amount of ₹50 lakh was transferred to Chidambaram or that the duo influenced any public servant for payment of gratification.He moved the application apprehending his arrest upon his arrival from London in the same manner as Bhasakararaman was arrested..Senior Advocate Kapil Sibal along with Advocates Arshdeep Singh, Akshat Gupta, Harsh Mittal and Harsh Srivastava appeared for Karti.Special Public Prosecutor Nikhil Goel and Senior Public Prosecutor Jyotsna Sharma Pandey represented the CBI..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.