New Delhi: Former finance minister P Chidambaram would remain in the CBI custody till September 5 in the INX Media corruption case as the Supreme Court Tuesday ordered “status quo” despite the probe agency insisting that it does not require his further custodial interrogation.
The apex court also asked Chidambaram’s counsel not to press for the interim bail plea, filed before the trial court on Monday and scheduled to be heard today, till Thursday.
“In view of above, we deem it appropriate that the present status quo of CBI custody of the petitioner (Chidambaram) shall remain continued till Thursday, the September 5, 2019,” said a bench of justices R Banumathi and A S Bopanna.
Solicitor General Tushar Mehta, appearing for the CBI, told the top court that an accused cannot say that he does not want to go to jail under judicial custody and said, “We (CBI) do not need his custody”.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for Chidambaram, said they would not press for the interim bail plea before the trial court later Tuesday and CBI’s custody of the Congress leader should be extended till September 5.
The bench said it would hear on Thursday Chidambaram’s plea in which he has challenged the non-bailable warrant (NBW) issued against him as well as the subsequent trial court orders remanding him to the CBI custody in the case.
While posting the matter for hearing on Thursday, the bench said, “We are conscious that we should not usurp the jurisdiction of the concerned trial court.”
At the outset, Mehta moved an application seeking recall of the apex court’s Monday order and said that based on that order, Chidambaram’s counsel had moved the interim bail plea before the trial court.
Mehta said Chidambaram’s counsel had on Monday pressed before the trial court that interim bail plea be decided during the day itself and the trial judge issued notice to the CBI asking it to file response within 24 hours.
“The matter is listed for hearing today before the trial court at 3.30 pm. Less than 24-hour notice was given to the CBI to respond to the interim bail plea which was filed 13 days after his arrest. This should not be the procedure,” he told the bench.
The bench said it would hear and decide Chidambaram’s plea on Thursday itself and till then, his counsel should not press for interim bail before the trial court.
“The present status quo will continue till then. CBI’s custody will be extended till day after tomorrow (September 5),” the bench said.
“One person does not want to go to jail (under judicial custody),” Mehta said, adding, “If we don’t take his custody then the law must take its course.”
He had said on Monday, when he mentioned the matter before the bench, his instruction that Chidambaram’s 15-day custody period would expire on Tuesday was wrong. Regarding Chidambaram’s plea in the top court, Mehta said it has become infructuous. Sibal countered Mehta’s submission and said if Chidambaram is remanded in judicial custody then his plea would become infructuous.
“The order cannot be reviewed like this,” Sibal said.
Mehta said that Chidambaram’s counsel had on Monday filed plea before the trial court seeking interim bail at around 4.30 PM and said that it be decided during the day itself.
“You should not press the interim bail application till September 5,” the bench told Sibal and Singhvi.
The apex court also noted that it would pronounce its order on September 5 on Chidambaram’s separate plea in which he has challenged the August 20 verdict of the Delhi High Court denying him anticipatory bail in the INX Media money laundering case lodged by the Enforcement Directorate.
“The above order is passed in modification of order dated September 2 passed by this court. List the matter on Thursday, the September 5, 2019,” the bench said. (PTI)
