INX Media case: Delhi High Court stays trial court proceedings against P Chidambaram, others

CBI contended the very essence of trial is to unearth the truth for which the court cannot assist the accused in search of a plausible defence

The Delhi High Court on Tuesday stayed the proceedings before the trial court in the CBI's INX Media corruption case involving former Finance Minister and Congress leader P Chidambaram and his son, MP Karti.

Justice Suresh Kumar Kait issued notice and sought responses from Chidambaram and others on the CBI's plea challenging the trial court order directing the agency to allow inspection of documents kept in ‘Malkhana’ (designated place in police station to store seized property) by the accused and their counsel.

The CBI has sought to set aside the special judge’s March 5, 2021 order to the extent that it directed CBI to allow inspection of documents kept in 'Malkhana' by the accused and their counsel.

The agency contended that the trial court’s order reflected intrusion into the investigative process of the CBI and if accused persons were allowed to inspect documents available at the 'Malkhana', it would subvert the probe. It noted that there was every likelihood that they might tamper with the evidence available.

It also claimed that this would impinge the power of the CBI to enquire and investigate the allegations of huge economic fraud and corruption at the highest level, having national and international ramifications.

It 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 that was not prayed for.

Besides, the CBI has also sought the setting aside of 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 the course of investigation of the case and that the accused are also entitled to copies of such documents or inspections thereof, irrespective of the fact whether they are being relied upon by the CBI or not.

The CBI had registered its case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister. Thereafter, the ED had lodged the money laundering case.

The Chidambarams are already on bail in the case.