SC to take up P Chidambaram's bail plea on Nov 20

The Supreme Court would on Wednesday take up a plea by former Union Minister P Chidambaram against the Delhi High Court's order of November 15, declining him bail in a money laundering case in connection with the INX media scam.

A bench of Justices R Banumathi, A S Bopanna and Hrishikesh Roy would on November 20 consider the special leave petition filed by the senior Congress leader, who, among other grounds, cited his “fragile” health and incarceration for about 90 days at the pre-trial stage, to seek the relief.

Chidambaram assailed the HC's order, saying there was a “patent non-application of mind” with “insertion of facts relating to a distinct and different case of one Rohit Tandon into the factual context of his case”. He also contended portions from the ED's affidavit were reproduced in the HC's order.

He said there was no allegation that he was a flight risk following issuance of a Look Out Circular (LOC). Further, there was nothing on record to show tampering of evidence, since all the materials related to the case were with the agencies, government or the courts.

“A person cannot be directed to suffer pre-trial incarceration in the form of punishment even before trial for the reason that a wrong message would go out to the public at large inasmuch as all other accused are either on bail or were not even arrested. In fact, the “wrong message” is in denying bail to one accused alone (i.e. the petitioner),” his petition stated.

Chidambaram is now lodged in Tihar Jail under judicial custody in the ED's money-laundering case, in connection with the irregularities in foreign investment to the INX media group in 2007. He was first arrested by the CBI on August 21.

Though the Supreme Court granted him bail on October 22, he could not walk out of prison since he was put under arrest on October 16 by the ED in a separate money laundering case.