[INX Media case] We are forgetting what basic criminal law is: Delhi HC reserves judgment in CBI plea against supply of documents to accused

The Delhi High Court on Friday reserved its judgment in the plea filed by the Central Bureau of Investigation (CBI) challenging a Special Court order permitting the inspection of documents with the probe agency by the accused in the INX Media case, which include former Union Minister P Chidambaram and his son, Karti Chidambaram..Justice Mukta Gupta also granted a week's time to all parties to file written submissions and clarified that the earlier interim order staying the trial in the INX Media case will continue. .[BREAKING] Delhi High Court stays trial in INX Media case.Appearing for the CBI, Advocate Anupam S Sharma today asserted that the documents relied on by the investigating agency for the purpose of the charge-sheet were already filed. He added that there is further investigation pending and that the documents remaining with the CBI (that have not been disclosed to the accused) pertain to the pending investigation. "Answer one question, and this is reflected in para 11 of the (trial court) judgment. You have read it. The problem is every Investigating Officer seizes 1,000 documents. 500 they keep on themselves - why? It is not their property. Maybe exculpatory material is there (which the accused may need)...You mean to say you will collect 10,000 documents, you will say you rely on 500 and the Court will be there to scan the remaining 9,500 documents?", Justice Gupta responded..Replying to Sharma's contention that the remaining documents are pertinent to the pending investigation, the judge said,"You keep investigating, who is stopping you?"Sharma argued further that "the Supreme Court has observed that during investigation secrecy is important and if all documents disclosed, they will be tampered with.""Then you say, the trial will be stayed till you complete investigation. You can't have it both ways," Justice Gupta remarked. .She went on to orally comment,"What further offence are you investigating? I don't know, I think the law has gone berserk. We are forgetting what the basic criminal law is and proceeding the way we want...Para 11 (of the trial court judgment) has come for agencies like you only.".Whereas Sharma also pointed out that the trial court has not ordered that all the documents be shared per se and that the court had directed that a list of all documents be shared, Justice Gupta responded by observing,"List would be given so accused knows what documents are there and if there is something relevant or exculpatory, then he may approach court for order.".Advocate Siddharth Aggarwal, appearing for the respondents, contended that it is not as if the CBI would waste time in seizing irrelevant documents. The very act of seizure shows relevance, he submitted. He also sought time to make written submissions. He added that there have been other cases where he has inspected the documents seized at the CBI's 'malkhana.' .A Special CBI Court had taken cognizance of the CBI's chargesheet against P Chidambaram, his son Karti Chidambaram and others in the INX Media case, on October 21, 2019.It is CBI’s case that Chidambaram misused his official position while granting Foreign Investment Promotion Board (FIPB) approval to INX Media and INX News Pvt Ltd in lieu of illegal gratification.The accused persons are facing proceedings for commission of offences under sections 120-B, 420, 468, 471 IPC and Sections 9, 13 of the Prevention of Corruption Act. The CBI had registered an FIR in the case on May 15, 2017.In May this year, Justice Suresh Kait had stayed further trial court proceedings in the matter following preliminary submissions in the CBI's plea against the supply of all documents to the accused. .After Justice Gupta was informed of the same, she clarified in her order today that this interim stay will continue.