The Central Bureau of Investigation on Friday filed a review petition before the Supreme Court against its verdict of granting bail to Congress leader P Chidambaram in the INX Media case, PTI reported. On Tuesday, the top court had dismissed CBI’s contention that Chidambaram has the “wherewithal to flee the country and remains a flight risk”.
Advocate Rajat Nair, representing the investigative agency, claimed there were some errors in the October 22 judgement. “In the order of dismissal some errors apparent on record have crept in, which if considered, would have material change in the outcome of the SLP [Special Leave Petition],” the petition said.
It highlighted the findings made in paragraphs 28 to 31 of the verdict of Justices R Banumathi, AS Bopanna, and Hrishikesh Roy, which dealt with the allegations of influencing witnesses in the case, Bar and Bench reported. The investigative agency argued that there are “cogent and credible evidence” in form of witness statement under Section 161 and 164 of the Criminal Procedure Code, which proves that Chidambaram tried to influence witnesses and pressurised them to not depose against him and his son Karti Chidambaram.
“It is submitted that the finding recorded by the High Court was on record of the SLP which has completely escaped the attention of this Court though specifically invited on behalf of the CBI during the course of hearing,” the petition added. “This has resulted into an error apparent on the face of the record resulting into serious miscarriage of justice. This court, being the court of record should clarify this position and review its order.”
“It is stated that the said allegation was not a mere averment of the investigating agency, but was based on the cogent material available with it and as such could not have been rebutted without even perusing the material available on record,” the petition added. “In view of this ground alone, the judgment rendered by this Court is liable to be reviewed.”
Chidambaram is currently under a seven-day remand with the Enforcement Directorate in the INX Media case. He was arrested by the investigating agency shortly before the judicial remand of 60 days in the CBI case came to an end.
Chidambaram was denied bail by a special CBI court earlier on the presumption that he would influence witnesses. The order was upheld by the Delhi High Court. The High Court plea said the special CBI judge had erred by denying Chidambaram’s request to surrender.
The case
The CBI has alleged that there were irregularities in the foreign direct investment clearance granted to INX Media by the Foreign Investment Promotion Board in 2007. Chidambaram was the finance minister at the time. The agency has submitted purported emails between INX Media and a company belonging to Karti Chidambaram, claiming that these emails will “prove offences committed”.
The Enforcement Directorate filed a money laundering case in May 2017 against Karti Chidambaram, INX Media, and Indrani and Peter Mukerjea.
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