PC tried to influence witnesses in INX Media case: ED

The Enforcement Directorate has accused former Union Finance Minister P Chidambaram before the Supreme Court of being in touch with witnesses even during the custody and influencing them. It charged the senior Congress leader of destroying the evidence while claiming that investigation has shown a “clear case of money laundering with the involvement of petitioner, his son, Karti and co-conspirators”.

The agency opposed before the court a bail plea made by Chidambaram in connection with the INX media scam case, saying brazenness and impunity with which the high office was misused does not entitle him any relief. The Delhi HC had on November 15 rightly dismissed his bail application, based on the basis of broad probabilities that the accused has prima facie committed the offence, it said.

The ED said it was incorrect to say the HC had converted its allegations verbatim into its findings.

In an affidavit, the ED said three persons were summoned during his ED custody. Two persons did not appear and the third one refused to be confronted with the petitioner giving in writing that he apprehended serious consequences.

“It is surprising that the petitioner claimed, “no one has said a word against him.” Such a statement clearly establishes that the petitioner is in touch with the other persons being interrogated and has influence over them,” it said.

The ED claimed that several changes were made to the shareholding pattern of shell companies where proceeds of crime were deposited, in order to conceal real ownership.

The statement of the witnesses-- having evidentiary value – has been recorded under section 50 of PMLA, which can be shown to the court in a sealed cover, it said.

Since the investigation was at a very crucial stage, revealing names of witnesses may hamper it and could affect their well-being, it added.

With regard to Chidambaram's contention that other accused were either on bail or were not arrested, the agency said it cannot be a ground for granting bail, as he was the then Finance Minister and enjoyed A different position.

The agency pointed out the nature and gravity of the accusation, in addition to that character, behaviour, means, position and standing of the accused were important factors to consider the bail application, besides the flight risk and capability to influence the witnesses and tampering with the evidence as claimed by him.