INX Media case: Delhi High Court extends stay on trial court proceedings

The Delhi High Court has extended the stay on trial court proceedings in CBIs INX Media corruption case in which Congress leader P Chidambaram and his son Karti Chidambar are accusedJustice Mukta Gupta who was hearing CBIs challenge to a trial court order allowing inspection of documents kept in Malkhana room keeping case properties by the accused and their counsel granted time to counsel for the investigating agency to go through to a Supreme Court decision on the issue Issue has been settled by the Supreme Court Directions have been given to States to frame laws on deficiencies in criminal trial said the judge who posted the matter for hearing on August 27 Interim order to continue the high court orderedThe high court had on May 18 stayed trial proceedings in the case involving Chidambaram and his son Karti It had also issued notice and sought responses of Chidambaram and others on the CBIs plea The CBI has sought to set aside the special judges March 5 2021 order to the extent that it directed CBI to allow inspection of documents kept in Malkhana by the respondentsaccused their counselBesides the CBI has also sought setting aside the observations in the order which says that the agency is required to file or produce before the court all the documents collected by it during investigation The trial court had also said that the accused are entitled to copies of such documents or inspections thereof irrespective of the fact whether they are being relied upon by the CBI or notIn its plea before the high court the CBI had said that this case involved a high level of corruption with wide ramifications on society and while the accused have a right to a fair trial the collective interest of the society could not be impinged A fair trial is not what the accused wants in the name of a fair trial but must soothe the ultimate justice Although right of fair trial of the respondentsaccused was not infringed since all documents relied upon by petitionerCBI were provided to the respondentsaccused it saidThe agency contended that the very essence of the trial is to unearth the truth for which the court cannot assist the accused in search of a plausible defence It has alleged that the trial courts order reflected intrusion into the investigative process of the CBI which is impermissible in law and the special judge lost sight of the fact that further investigation in the present matter is underway and if the accused persons are allowed to inspect documents available at the malkhana the same would subvert the probe and there is every likelihood that they may tamper with the evidence availableSeeking to set aside the trial courts order the agency has said the legitimate aim would suffer irreparably if protection is not given to the documents and record which was permitted to be inspected by the accused It has said out of 14 accused only Karti had made the prayer to inspect Malkhana documents however the trial court erroneously allowed all the accused to inspect it and exceeded the judicial powers by giving relief which was not prayed forThe CBI had registered its case on May 15 2017 alleging irregularities in a Foreign Investment Promotion Board FIPB clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambarams tenure as finance minister Thereafter the ED had lodged the money laundering caseThe Chidambarams are already on bail in the caseAlso Read Delhi HC to hear on Aug 9 CBIs plea in INX Media corruption case involving Chidambaram othersChidambaram was taken into custody on August 21 2019 when he was arrested by the Central Bureau of Investigation CBI in INX Media corruption caseOn October 16 2019 the ED arrested him in the separate moneylaundering case Six days later on October 22 2019 the apex court had granted him bail in the case lodged by the CBI On December 4 2019 after 105 days of custody Chidambaram was granted bail by the Supreme Court in the money laundering case lodged by the EDThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever