SC to take up P Chidambarm's bail plea

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

Maintaining that he was 74-year-old with “fragile" health, Chidambaram's plea stated, “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).”

Senior advocate Kapil Sibal mentioned the matter before a bench presided over by Chief Justice S A Bobde, seeking urgent hearing as Chidambaram has been in jail for 90 days and the HC had on Friday dismissed his plea.

The bench, also comprising Justice B R Gavai and Surya Kant, agreed to consider the petition on Tuesday or Wednesday.

Assailing the HC's order, Chidambaram contended 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” in the order refusing him bail. He also contended portions from the ED's affidavit were reproduced in the HC's order.

Among others, Chidambaram said there was no allegation that he was a flight risk. The ED had already issued a Look Out Circular (LOC) against him. The HC, itself, had noted that there was any material on record to show tampering of evidence and all the material related to the case were with the agencies, government or the courts.

“The ED always intended to prolong the incarceration of the petitioner by unlawful and dubious means and never wanted his custody for genuine custodial/ interrogative purposes,” his plea stated.

After his arrest on August 21 by the CBI, 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.

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.