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Chidambaram in Tihar Jail as ED did not take his custody after asking for it all along

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Chidambaram in Tihar Jail as ED did not take his custody after asking for it all along

Congress leader and former union minister P Chidambaram was yesterday sent to Tihar jail, even as he tried hard to avoid judicial custody, since the Enforcement Directorate (ED) did not take his custody after fighting for it in the courts for over a month.

The ED, which had been arguing for denial of his anticipatory bail in INX Media money laundering case and succeeded in getting Supreme Court to reject his plea, did not take him into custody, thereby ensuring that he was sent to the most notorious jail of country.

If ED would have filed an application to arrest the former finance in INX media case as his anticipatory bail application was rejected, Chidambaram would have been remanded to its custody, instead of being sent to Tihar jail.

As it happened, the Rouse Avenue Court sent P Chidambaram to judicial custody till Sep 19 in INX Media case being probed by CBI.

The ED, which had wanted to arrest Chidambaram since his anticipatory bail application was rejected by Delhi high court on August 20, interestingly did not file application before the trial court.

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Chidambaram also filed an application that he wants to surrender before the ED in INX media case but SG Tushar Mehta, representing ED, told that he would like to argue on this next week. The Court issued notice to ED and sought its reply and said that it will hear the Chidambaram’s surrender application on Sep 12.

The CBI which had P Chidambaram in their custody for the last 15 days, also pressed that Chidambaram should be sent to Tihar jail.

Arguing against judicial custody senior Congress leader and lawyer Kapil Sibal said: “I am willing to go to Enforcement Directorate custody if they want, but why to judicial custody? Either I surrender, let Enforcement Directorate take custody, I don’t have a problem.”

The CBI said: “The accused is a powerful and influential person, so should be sent to judicial custody.” Sibal countered that there had been no case of tampering with or influencing evidence.

If the Enforcement Directorate had arrested Chidambaram, he would have been taken to the Tughlaq Road police station, where another Congress leader, DK Sivakumar, was already incarcerated.

Ordering judicial custody for him, the Court granted Chidambaram a separate cell with adequate security after hearing a separate plea seeking directions to the Jail authorities to ensure safe detention while in judicial custody while having a separate cell with adequate security.

Earlier, the Supreme Court rejected Chidambaram’s plea for protection from arrest by ED. “Anticipatory bail has to be exercised sparingly in cases of economic offences. Considering the facts and circumstances, this is not a fit case to grant anticipatory bail,” the Supreme Court said, The court said that the investigating agency has to be given sufficient freedom to conduct its probe, and the grant of anticipatory bail at this stage would hamper investigation.

Chidambaram did manage to get pre-arrest bail in another case, the Rs. 3,500-crore Aircel-Maxis deal involving a clearance of $800 million foreign investment in 2006, allegedly in exchange of kickbacks.

The Enforcement Directorate has accused Mr Chidambaram of money-laundering in the case involving INX Media, which is being investigated by the CBI.

The CBI accuses Mr Chidambaram of misusing his position as Finance Minister of the country in 2007 while facilitating a huge infusion of foreign funds in INX Media at the instance of his son Karti Chidambaram.

The allegations against Chidambaram and his son are based on the information from INX Media co-founders Peter Mukerjea and Indrani Mukerjea, who are currently jailed in Mumbai in connection with the murder of Indrani’s daughter Sheena Bora.

Karti Chidambaram, who allegedly received kickbacks for his role in securing the foreign funds, was arrested in 2018 and released after 23 days.

On Tuesday, the Supreme Court had extended Chidambaram’s CBI custody for two days after his lawyer said the 74-year-old leader should not be sent to Tihar jail, where arrested persons are taken when they do not get bail after the end of police custody.

After the court ordered judicial custody for Chidambaram, Sibal moved an application asking the court to provide security to Chidambaram — he has Z-category cover — in a cell with a cot and western toilet. Solicitor General Tushar Mehta, appearing for CBI, told the court that adequate safety arrangements will be made during Chidambaram’s stay in judicial custody. He has been allowed to carry his medicines to jail.

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Chidambaram, who was taken to the Tihar jail on Thursday evening, will get no special facilities, except a separate cell and a Western toilet as specified by the court, said reports quoting prison officials. Like other inmates, he will also have access to the prison’s library and can watch television for a specified period.

After the mandatory medical check-up, Chidambaram was lodged in Jail No. 7, which usually houses those accused in Enforcement Directorate cases. Incidentally, his son Karti was also lodged in this cell for 12 days in the same case last year.

The cell was prepared in advance, with the jail authorities anticipating that the senior Congress leader might turn up in view of the ongoing court cases against him, they said.

Ratul Puri, nephew of Madhya Pradesh Chief Minister Kamal Nath, who is being probed by the ED in connection with the AgustaWestland and a bank fraud case, is also lodged in this jail.

India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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India News

“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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India News

Gyanesh Kumar meets election commissioners amid poll panel row

Chief Election Commissioner Gyanesh Kumar met Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid a controversy over reported objections to Election Commission decisions.

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Chief Election Commissioner Gyanesh Kumar held a meeting with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid an ongoing controversy over the functioning and decision-making process of the Election Commission of India.

The meeting comes days after a report raised questions over formal objections allegedly recorded by the two Election Commissioners regarding several decisions and orders of the poll panel.

The Election Commission has maintained that differing views, observations and suggestions are part of its normal deliberative process. It has also said that all decisions taken by the full Commission over the past year were unanimous.

What is the Election Commission controversy?

The controversy followed a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over a 10-month period.

The reported objections included issues concerning changes to Form 6, the handling of additions and deletions from electoral rolls and the centralisation of electoral-roll data.

Form 6 is the statutory form used for applying for registration as a voter.

The Election Commission, however, has disputed the suggestion that the objections amounted to dissent over final decisions. The poll body said written notes, observations, technical suggestions and internal checks and balances are standard parts of its functioning.

ECI says decisions were unanimous

The poll panel has said that all decisions taken by it during the past year were the outcome of unanimous decisions of the full Commission.

It also said that operational queries or inputs raised during the drafting stage are part of the normal administrative process and are intended to improve electoral procedures and safeguard voter rights.

The issue has gained significance because the Election Commission is conducting electoral-roll revisions, including the Special Intensive Revision (SIR), in several parts of the country.

Opposition parties have questioned the functioning of the poll panel and have cited the reported objections by the two Election Commissioners in their criticism of Chief Election Commissioner Gyanesh Kumar.

Political parties seek clarification

The controversy has also prompted calls for greater clarity from political parties, including some parties that are allies of the BJP-led NDA.

LJP (Ram Vilas) chief Chirag Paswan, TDP Lok Sabha floor leader Lavu Srikrishna Devarayalu and Rashtriya Lok Morcha chief Upendra Kushwaha have sought clarification from the Election Commission regarding concerns surrounding the voter-list revision and the reported objections.

The Election Commission has continued to maintain that its decisions have followed the applicable laws, rules and established procedures.

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