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INX Media case: Chidambaram denied protection from arrest by HC, may move Supreme Court

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INX Media case: Chidambaram denied protection from arrest by HC, may move Supreme Court

Congress leader and former finance minister P Chidambaram’s plea seeking anticipatory bail in the corruption and money-laundering cases related to INX Media case was rejected by the Delhi High Court today (Tuesday, Aug 20).

Chidambaram’s lawyers are likely to approach the Supreme Court.

Chidambaram’s role had come under the scanner of the investigating agencies in the Rs 3,500-crore Aircel-Maxis deal and the INX Media case involving Rs 305 crore. It was during his tenure as finance minister in the UPA-I government that clearances from the Foreign Investment Promotion Board (FIPB) were given to the two ventures.

The CBI on May 15, 2017 had registered an FIR against alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance to INX Media for receiving overseas funds to the tune of Rs 305 crore in 2007 when Chidambaram was the Finance Minister.

Thereafter, the ED had in 2018 lodged the money laundering case in this regard. The Enforcement Directorate had contended that the companies in which money was transferred are directly or indirectly controlled by Chidambaram’s son, Karti, and they have a reason to believe that the FIPB approval was granted to INX Media on his son’s intervention.

Also Read: Madhya Pradesh Chief Minister nephew Ratul Puri arrested in bank fraud case: Congress claims move ‘politically motivated’

The high court had on July 25, 2018 granted interim protection from arrest to Chidambaram in both the cases and it was extended from time to time.

Vacating the order today, Justice Sunil Gaur said, “Both applications (seeking anticipatory bail) are dismissed.”

Senior advocate Dayan Krishnan urged the court that at least two-three days more protection be given to his client. The judge said that it will consider.

The case pertains to alleged financial irregularities in clearances granted when Chidambaram was the Union finance minister. His son Karti Chidambaram is also an accused in the case and was arrested by the CBI on February 28 last year. Later he was granted bail by the Delhi High Court in March.

The Enforcement Directorate has questioned Karti on several occasions in the INX Media case case. P Chidambaram was also questioned by the ED in January this year and on December 19 last year.

The ED has attached properties worth Rs 54 crore belonging to Karti Chidambaram in connection with the case. The agency also attached properties belonging to Indrani and Peter Mukerjea.

On May 31 last year, the former finance minister had moved court, seeking interim protection from arrest in the alleged INX Media corruption case. Subsequently, he was given protection from arrest.

Chidambaram’s petition had said that though no summons had ever been served on him by the ED in this case, he had an apprehension of arrest in view of the summons issued to him by the CBI, which was investigating the scheduled offence.

Chidambaram in his plea before the high court had said that he does not have a copy of the FIR registered by the ED as it has not been provided to him till date.

“He came to know about registration of the FIR from various summons received by his son from the ED, directing Karti to join the investigation,” it had said.

The plea had claimed that during the investigation of the ED’s case, which has been going on for over a year, no summon has been issued to Chidambaram till date, let alone any allegation of him evading the process of law or fleeing from the process of law or interfering with the investigation in any manner.

Also Read: Delhi High Court issues notice to Centre on Shah Faesal’s detention

“There is not even a slightest whisper about his tampering with any evidence or hampering/impeding the process of investigation,” it had said, while seeking the relief.

The CBI had earlier told the court that Chidambaram was needed for custodial interrogation in the INX Media case.

On July 4, a Delhi court had also allowed Indrani Mukerjea, the former head of the INX Media, to turn an approver in the CBI case.

Indrani Mukerjea and her husband Peter Mukherjea, who co-founded INX Media in 2007, had been charged with entering into a criminal conspiracy with Karti Chidambaram, whose father P Chidambaram was the then finance minister, to get foreign investments and evade punitive measures for not having the necessary approvals from the Foreign Investment Promotion Board (FIPB).

In March 2018, Indrani Mukerjea told the CBI in a statement recorded under Section 164 of the CrPC that a deal of $1 million was struck between Karti Chidambaram and the Mukerjeas to secure approval from the FIPB in favour of INX Media. Last month, a Delhi court had allowed Indrani Mukerjea, who is a prime accused in the murder of her daughter Sheena Bora, to turn approver in the INX case.

In her application to turn approver, Mukerjea had prayed for pardon in the case in exchange of full and true disclosure.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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