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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]

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Jammu and Kashmir: 10 killed as taxi rolls into gorge at Ramban, PM Modi announces ex-gratia of Rs 2 lakh

Ramban deputy magistrate said that it was pitch dark and raining heavily when the accident occurred near Battery Chashma around 1.15am.

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In an unfortunate incident, ten passengers were killed when a taxi veered off the road amid heavy rain and fell into a gorge in Ramban district on the Jammu-Srinagar national highway early on Friday.

Baseer-ul-haq, Ramban deputy magistrate said that it was pitch dark and raining heavily when the accident occurred near Battery Chashma around 1.15am. He added that while the vehicle, believed to be a Chevrolet Tavera, has not been traced yet, 10 bodies have been recovered from the steep slope from where it went down 500 metres.

Police along with quick reaction teams, the local tehsildar, assistant commissioner, revenue, and other officials were at the spot supervising rescue work. Reports said that two identity cards were recovered from two bodies. 

The bodies were identified as taxi driver Balwan Singh, 47, of Amb Gharota in Jammu district, and Vipin Mukhiya, of Bhairagang in West Champaran district of Bihar. The identified bodies were taken to Ramban district hospital. Police asserted the taxi was on its way to Kashmir from Jammu.

Expressing grief over the accident in Ramban, Prime Minister Narendra Modi announced an ex-gratia of Rs 2 lakh from PMNRF, which would be given to the next of kin of each deceased. Furthermore, the injured would be given Rs 50,000.  PM Narendra Modi also extended condolences to the bereaved families and prayed for a quick recovery of the injured. 

Taking to social media platform X, President Droupadi Murmu said that the news of many people getting killed after a vehicle fell into a ditch in Ramban area on Jammu-Srinagar National Highway is very sad. She also offered condolences to the bereaved families.

Earlier, Jammu and Kashmir police shared on social media platform that a passenger taxi rolled down a deep gorge on the Jammu-Srinagar national highway near Battery Chashma in Ramban area. It added that Police, SDRF and civil QRT Ramban reached on spot, rescue operation is going on.

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Hardeep Singh Puri says Sunita Kejriwal is preparing to hold Delhi CM post like Rabri Devi

The Union Minister was speaking to the media during the inauguration of Delhi BJP’s election office along with leaders including Delhi BJP Chief Virendra Sachdeva and Bansuri Swaraj.

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Union Minister Hardeep Singh Puri on Friday compared Delhi Chief Minister Arvind Kejriwal’s wife and former Bihar chief minister Rabri Devi, hinting that she may be gearing up to take on her husband’s post. The Union Minister was speaking to the media during the inauguration of Delhi BJP’s election office.

The BJP leader further took a dig at Delhi Chief Minister for forming an alliance with the most corrupt party against whom they had started an anti-corruption movement with social activist Anna Hazare. The minister made the statement in response to a question regarding Sunita Kejriwal, who earlier today launched a whatsapp campaign advocating for support for her husband, who is in ED custody in connection with the Excise policy case.

In a video Sunita Kejriwal said her husband has challenged the most corrupt and dictatorial forces in the country and asked people to support her husband through their prayers and blessings. She issued 2 WhatsApp numbers 8297324624 and 9700297002 through which people can send their blessings, prayers or any other messages to the Aam Aadmi Party (AAP) supremo and she will communicate those to him.

She said yesterday Kejriwal had presented his side in the court, and the entire country heard it. She requested the people to listen to it if they had not listened till now. She added whatever Kejriwal had said in front of the court required a lot of courage. She said her husband is a true patriot. She requested the people to participate in the Kejriwal ko Aashirwad campaign.

BJP leader Manoj Tiwari also took a dig at Aam Aami Party asking why only Kejriwal’s wife is coming out in his support, and not the people of Delhi. He said the Honorable Justice of High Court said they cannot stop Arvind Kejriwals’ arrest that they are surprised why he hasn’t been arrested yet?

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Lok Sabha elections: INDIA bloc in Bihar seals seat-sharing deal, Congress get 9 seats, RJD 26

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

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The Opposition INDIA bloc sealed the seat-sharing deal in Bihar for 2024 Lok Sabha elections. The Mahagathbandhan’s largest constituent, RJD will field its candidates from 26 seats, including Purnea and Hajipur, while the Congress will contest on nine seats, including Kishanganj and Patna Sahib. Meanwhile, the Left will fight on five seats.

Purnea and Katihar, currently held by the Janata Dal (United), had emerged as the sticking point in seat-sharing talks between the Rashtriya Janata Dal (RJD) and the Congress for the 40 Lok Sabha seats in Bihar.

Reportedly, the Congress has been made to give up the Purnea Lok Sabha seat, which recent entrant Pappu Yadav, husband of Rajya Sabha MP Ranjeet Ranjan, was hoping to contest, mentioning that he had received assurance of Congress ticket from Rahul Gandhi and Priyanka Gandhi.

The seat will be contested by RJD, which recently gave the party ticket to JD(U) turncoat Bima Bharti, but stopped short of announcing it formally. The INDIA bloc seat-sharing announcement comes a day after the filing of nomination papers for the first phase of Lok Sabha polls was over. The RJD has fielded its candidates in all four seats going to elections in the first phase.

Earlier, Tejashwi Yadav attended an INDIA bloc meeting regarding Bihar’s seat-sharing formula at Congress leader Mukul Wasnik’s residence and said that the RJD, the Congress and the Left will fight the Lok Sabha elections together in Bihar. He added that the INDIA bloc partners have agreed verbally on the seat-sharing arrangement and all the constituents are getting a respectable deal. Tejashwi Yadav’s remarks came amid reports of disquiet in the Indian National Developmental Inclusive Alliance in Bihar over seat sharing.

In the previous Lok Sabha elections, the National Democratic Alliance, including the BJP, JD(U) and LJP won 39 seats. The first phase of the Lok Sabha elections is scheduled for April 19.

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