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Supreme Court refuses Chidambaram protection from arrest in ED case, says may hamper probe

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Chidambaram

[vc_row][vc_column][vc_column_text]Congress leader and former union minister P Chidambaram suffered a setback today – Thursday, Sep 5 – as the Supreme Court on refused to intervene against a Delhi High Court order to protect former Union Finance Minister P Chidambaram from arrest by the Enforcement Directorate (ED) probing money laundering charges against him in the INX Media case.

The Supreme Court bench of Justices R Banumathi and AS Bopanna said anticipatory bail could not be expected as a matter of right, especially in economic offences. Courts had to provide anticipatory bail sparingly.

Calling economic offences “serious”, court said anticipatory bail has to be an exception in such cases. “The right to anticipatory bail can’t be a subject matter of fundamental right under Article 32,” the SC added.

Grant of anticipatory bail to Chidambaram at this stage will hamper the investigation, it said. In its decision, the apex court further upheld the investigating agency’s stand that an accused could not insist that he should be first confronted with the evidence placed in court to deny him anticipatory bail.

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The investigating agency has to be given sufficient freedom to conduct a probe into the case, the apex court said. It also rejected Chidambaram’s application for direction to the ED to produce transcripts of his questioning conducted by the agency on three dates.

The court said this may run the risk of exposing the evidence.

The ED had argued that the “art of investigation” did not oblige it to reveal to Chidambaram the entire gamut of evidence collected during investigation in the INX Media case.

After the dismissal of his plea in the ED case, Chidambaram chose to withdraw his appeal challenging his arrest and remand in the INX Media case by CBI as well.

Chidambaram, arrested by CBI on August 21, has been in CBI custody for 15 days and is due to be produced before the trial court for remand hearing. 

He has applied for regular bail in the CBI court. If that fails, chances are he may be sent to Tihar Jail in judicial custody. With this apex court order, the road is also clear for the ED to arrest him.

Solicitor General Tushar Mehta, for the ED, had told the Supreme Court that complete transparency towards an accused, especially one so high-profile like the senior Congress leader, would have been an open invitation for him to tamper with evidence of money laundering. A tell-all policy in favour of accused persons destroyed cases.

Mehta said it was “preposterous and absurd” for Chidambaram to claim that only evidence he was privy to should have been shown to the Delhi High Court. Such an approach, if adopted, would affect other sensitive investigations into the Vijay Mallya, Mehul Choksi, Neerav Modi, Sharda chit fund and terror funding cases.

“It will result in disastrous consequences,” Mehta submitted on August 29, when the case was reserved for orders.

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“The art of investigation is that we reveal only certain things. If we confront him with 15 money trails when he really has 30, he will do his best to wipe out the rest,” Mehta reasoned.

Chidambaram had argued that the Delhi High Court had refused him protection from arrest on August 20 solely on the basis of “material” handed over by the probe agency in a sealed cover “behind his back”.

Senior advocate Kapil Sibal, appearing for Chidambaram, said the case was a classic example of how “sealed covers seal the fate of a man’s liberty”.

Chidambaram’s lawyers had questioned why he was not confronted with this material when he was questioned thrice by the ED on December 19, 2018, January 7 and January 21, 2019. They sought a transcript of the interrogation sessions of the three days.

The ED has accused the Congress leader of money-laundering in the case, which is also being investigated by the CBI. CBI had lodged an FIR on May 15, 2017, alleging irregularities in FIPB clearance granted to INX Media group for receiving overseas funds worth Rs 305 crore in 2007 during Chidambaram’s tenure as finance minister. Thereafter, ED lodged a money laundering case in 2017.

The Delhi High Court had on August 20, rejected anticipatory bail pleas of Chidambaram in the INX media scam cases lodged by the CBI and ED. The high court held that he was “prima facie the kingpin” in the INX Media corruption and money laundering cases and “simply because he is a Member of Parliament would not justify the grant of pre-arrest bail to him”.[/vc_column_text][/vc_column][/vc_row]

India News

Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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