[INX Media] Delhi High Court rejects CBI plea against supply of documents to accused

The Delhi High Court on Tuesday dismissed the plea filed by the Central Bureau of Investigation (CBI) challenging an order permitting the inspection of documents by the accused in the INX Media case involving former Union Minister P Chidambaram, his son Karti and others [CBI v. M/s INX Media Pvt. Ltd. & Ors]..Justice Mukta Gupta passed the judgment in the plea filed by the CBI challenging the order of a Special CBI Court on March 5 which allowed the accused to inspect the documents collected during the course of investigation. The judgment was reserved on August 27 this year..The Special Court had held that to ensure a fair trial to the accused persons, the CBI was required to file or produce all the documents collected or statements recorded by it during the course of investigation, and that the accused persons are also entitled to copies of such documents..The High Court order held, "It is trite law that an accused can build the defence not only by leading defence evidence but even while cross-examining the prosecution witness." It further noted that a document, which was relevant and of sterling quality could also be looked into by the Court at the time of framing of charge and the Court was not barred to exercise its power to summon or rely upon the document at the stage of charge, if it was of sterling quality and had a crucial bearing on the issue of framing of charge..One of the grounds of challenge of the CBI was that the present case involved a “high level of corruption” with “wide ramifications” on society. The CBI plea stated that while the accused persons had a right to a fair trial, the collective interest of society cannot be impinged. ."Indubitably, while passing an order of inspection of unrelied upon documents, the Court is bound to strike a balance between the competing interest of ensuring a fair trial to the accused as also maintaining the sanctity of further investigation, in case further investigation is to be carried on," the High Court order went on to add..The High Court was of the view that the Trial Court had directed the CBI to supply copies of all the pages or a part of it, or the entire document, to the accused persons in relation to documents being relied upon by the CBI.“In relation to the documents which have not been filed in the Court, the learned Trial Court did not direct the CBI to produce the said documents in Court and held that the ends of justice would be met if the accused persons are permitted to inspect the said documents lying in the malkhana of CBI and to find out if any such document is relevant or vital for their defence or is of sterling quality to demolish the very case of prosecution and after making inspection learned counsel representing these accused shall let the Court know the details of these documents so that copies thereof can be supplied to them,” the HC highlighted..It was also observed by the High Court that the Trial Court had clarified that the permission to conduct inspection being granted by the Court was not in respect of those documents in relation to which the investigation by the CBI was still pending.“Therefore, the apprehension of the CBI that inspection would hinder in the further investigation is wholly unwarranted,” it noted..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..Advocate Anupam S Sharma represented the CBI.Senior Advocates Sidharth Luthra, Pramod Kumar Dubey and Siddharth Aggarwal represented the respondents..[Read Order]