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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

Cockroach Janta Party gives CEC Gyanesh Kumar 48 hours to resign, warns of nationwide protests

Cockroach Janta Party founder Abhijeet Dipke has demanded the resignation of Chief Election Commissioner Gyanesh Kumar within 48 hours, warning of a nationwide agitation if the demand is not met.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke has demanded that Chief Election Commissioner Gyanesh Kumar resign within 48 hours, warning that the organisation will launch a nationwide agitation if he does not step down.

The demand was made during a press conference on Thursday amid a wider controversy surrounding the Election Commission’s handling of electoral-roll-related matters and the ongoing Special Intensive Revision (SIR).

Dipke alleged that the functioning of the Election Commission under Kumar had raised concerns over the electoral process. These claims are allegations made by Dipke and should not be treated as established facts.

What did Abhijeet Dipke demand?

Dipke called for Gyanesh Kumar’s resignation within 48 hours. He warned that the CJP would begin a nationwide protest if the Chief Election Commissioner did not step down within the deadline.

The organisation said the proposed agitation would follow the lines of its earlier protest at Delhi’s Jantar Mantar.

The CJP also raised other demands related to the electoral process, including a halt to ongoing electoral exercises and the Special Intensive Revision of electoral rolls.

Why is CJP demanding Gyanesh Kumar’s resignation?

The demand comes amid a controversy over the Election Commission’s electoral-roll processes.

The demand came amid a controversy over the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised questions about the exercise. 

However, the Election Commission has rejected the suggestion that these differences represented a division within the three-member poll panel. The Commission said that differing views, written notes and internal checks are part of its deliberative process and maintained that decisions, including those concerning SIR, were taken unanimously.

What has Abhijeet Dipke alleged?

Dipke has alleged that more than 13 crore votes were deleted from electoral rolls and questioned the reasons behind the deletions.

He also alleged that voter deletions had affected Opposition leaders and referred to several political figures while making his claims.

These figures and allegations were presented by Dipke during the press conference. They should therefore be attributed to him rather than stated as independently verified facts.

Dipke also questioned whether the alleged deletions could affect the political balance in elections.

What happens if Gyanesh Kumar does not resign?

According to Dipke, the CJP will launch a nationwide agitation if the Chief Election Commissioner does not resign within 48 hours.

He said the organisation would continue its campaign until its demand for Kumar’s resignation was met.

The CJP has also announced a broader campaign against the Election Commission, while warning of further protests.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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India News

Ram Temple donation theft case chargesheet filed, trustees not named

A chargesheet has been filed in the Ram Temple donation-theft case in Ayodhya. The temple trust’s trustees have not been named as accused.

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A chargesheet has been filed in the case involving alleged theft of donations at the Ram Temple in Ayodhya. The chargesheet, however, does not name the trustees of the temple trust as accused.

The development comes after an investigation into several instances of alleged theft of donations at the temple complex. The probe had examined CCTV footage and other evidence related to the incidents.

Chargesheet filed in donation theft case

The chargesheet has been submitted against those accused in connection with the alleged theft of donations at the Ram Temple.

Importantly, the trustees of the Shri Ram Janmabhoomi Teerth Kshetra Trust have not been named as accused in the chargesheet.

The investigation had focused on incidents in which donations were allegedly stolen from the temple premises. CCTV footage was examined as part of the probe into the reported thefts.

Investigation into 105 theft incidents

An earlier investigation had identified 105 instances of alleged donation theft through CCTV footage. The probe examined the incidents and the people allegedly involved in them.

The case had also led to arrests of accused persons named in the FIR. The investigation subsequently examined the role of individuals connected with the incidents.

The filing of the chargesheet marks a further step in the criminal proceedings related to the alleged theft of donations at the Ram Temple.

Trustees not named as accused

The chargesheet does not name the temple trust’s trustees as accused. This distinction is significant because the filing concerns the individuals against whom the investigating agency has proceeded in the case.

The chargesheet will now form part of the legal proceedings, while the matter will be dealt with through the appropriate judicial process.

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