Janjivan Bureau / New Delhi : The Supreme Court on Monday asked the trial court to consider P Chidambaram’s request for interim bail in the INX Media corruption case after the former finance minister said that he not be sent to Tihar jail under judicial custody and offered to be in house arrest.
The apex court said if Chidambaram’s request for interim bail is not considered by the trial court on Monday itself, his CBI custody would be extended by three more days.
A bench of Justices R Banumathi and AS Bopanna directed the CBI to file its response on Chidambaram’s plea challenging the non-bailable warrant (NBW) issued against him and the subsequent orders of the trial court remanding him to CBI custody in the case.
Chidambaram’s CBI custody in the INX Media corruption case expires on Monday and he will be produced before the trial court concerned during the day.
Senior advocate Kapil Sibal, appearing for Chidambaram, told the bench that the former minister was arrested pursuant to the NBW and he had been in the CBI custody for past 12 days.
“The NBW should not have been issued. Either give me (Chidambaram) interim bail or put me in house arrest. He (Chidambaram) should not be sent to Tihar Jail,” Sibal said, while questioning the issuance of NBW and the subsequent orders of the trial court remanding the former minister to CBI custody.
Remand orders of the trial court could be set aside by the apex court and Chidambaram should be given interim protection till the top court decided his petition, Sibal added.
“He (Chidambaram) has to file regular bail plea,” the bench said, adding, “The competent court is seized of the matter. Why should we skip the jurisdiction of the regular court and the High Court?”
To this, the senior advocate said if Chidambaram is sent to Tihar Jail under judicial custody, his petition would become infructuous.
Additional Solicitor General KM Nataraj, appearing for the CBI, opposed the grant of any interim protection to Chidambaram saying an accused could not say that he wanted to be in either police custody or judicial custody.
Sibal said Chidambaram would be produced before the trial court on Monday after the expiry of his CBI custody and if he would be sent to Tihar under judicial custody, his petition before the apex court would become infructuous.
“Give me (Chidambaram) interim bail or put me in house arrest. He is a 74-year-old man and has been in CBI custody for past 12 days,” Sibal said.
The bench said Chidambaram could make a request in this regard before the trial court.
Sibal, however, said the trial court would “reject” his request and the top court should give him protection till the pending petition is decided.
The bench, after hearing the submissions, directed Chidambaram to approach the trial court seeking appropriate relief in accordance with the law, including prayer for interim bail.
It said in case the prayer for interim bail is not considered by the court concerned then Chidambaram’s CBI custody would be extended by three more days.
The bench said it would hear Chidambaram’s plea on September 5.
CBI brought Chidambaram before a lower court on Monday afternoon after the custody period the court had granted ended in the INX media case.
A Delhi court meanwhile reserved its order on anticipatory bail applications that Chidambaram and his Member of Parliament son Karti filed in connection with investigations into the Aircel-Maxis deal. The court will now pronounce its verdict on September 5.
Both CBI and ED are investigating the allegations of irregularities in granting of Foreign Investment Promotion Board (FIPB) approval in the Rs 3,500-crore Aircel-Maxis deal when Chidambaram was finance minister.
