The Supreme Court came down heavily on the Delhi High Court while hearing P Chidambaram’s bail plea\u00a0for relying on material submitted in sealed covers and thereafter, making observations that were conclusive in nature with regard to the alleged offence.<\/p>\n
The Delhi High Court had denied bail to the senior Congress leader on November 15. The Supreme Court in the present appeal case decided on whether the High Court was justified in denying bail to Chidambaram.<\/p>\n
While granting bail to Chidambaram, Justices R Banumathi, AS Bopanna, and Hrishikesh Roy made some important observations with regard to the Delhi High Court order dismissing his bail plea. The court said, “We disapprove the manner in which the conclusions are recorded in paragraphs 57 to 62, wherein the observations are reflected to be in the nature of finding relating to the alleged offence.”<\/em><\/p>\n The High Court while refusing the bail to P Chidambaram had relied upon certain allegations made in this sealed cover. The top court noted that though the High Court judge is empowered to take into consideration such secretive documents to satisfy his judicial conscience, but he shouldn’t have used the material evidence verbatim while delivering the order.<\/p>\n The top court while decrying the investigative agencies for their routine practice of producing material and evidence in sealed covers, held that judicial bodies relying upon them affect the right to fair trial of the accused.<\/p>\n The court observed,\u00a0\u201cAt the same time, this Court, had disapproved the manner in which the learned Judge of the High Court in the said case had verbatim quoted a note produced by the respondent. If that be the position, in the instant case, the learned Judge while adverting to the materials, ought not have recorded a finding based on the materials produced before him.\u201d<\/em><\/p>\n The Court concluded that the findings of the High Court based on the evidence submitted by the Enforcement Directorate was not justified.<\/p>\n","protected":false},"excerpt":{"rendered":" The Supreme Court came down heavily on the Delhi High Court while hearing P Chidambaram’s bail plea\u00a0for relying on material submitted in sealed covers and thereafter, making observations that were conclusive in nature with regard to the alleged offence. The Delhi High Court had denied bail to the senior Congress leader on November 15. The […]<\/p>\n","protected":false},"author":4,"featured_media":66978,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1497],"tags":[77580,570,320],"yst_prominent_words":[84037,21453,46020,84035,3961,4017,5414,8688,4030,22185,84038,34845,84039,29806,84042,59360,84041,12501,4408,4402],"ppma_author":[140543],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/d2r2ijn7njrktv.cloudfront.net\/apnlive\/uploads\/2019\/09\/05150124\/Chidambaram.jpg","jetpack_sharing_enabled":true,"authors":[{"term_id":140543,"user_id":4,"is_guest":0,"slug":"apnnewsdesk","display_name":"APN Live","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/478eacb893eda88aa6ed8d99b005bf58?s=96&r=g"}],"_links":{"self":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/72396"}],"collection":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/comments?post=72396"}],"version-history":[{"count":0,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/posts\/72396\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media\/66978"}],"wp:attachment":[{"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/media?parent=72396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/categories?post=72396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/tags?post=72396"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/yst_prominent_words?post=72396"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/apnlive.com\/wp-json\/wp\/v2\/ppma_author?post=72396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}