SC grants bail to Chidambaram in INX Media case, but he can’t walk free

New Delhi: Former Finance Minister P Chidambaram, who spent two months in custody of enforcement agencies and jail, was Tuesday granted bail by the Supreme Court in the INX media corruption case filed by the CBI. However, he can’t walk free immediately as he is currently under the Enforcement Directorate’s custody in a related money laundering matter.

P Chidambaram, 74, was arrested by CBI officials from his Jor Bagh home here in a late night drama August 21. A city court October 18 remanded the Congress veteran to the ED’s custody till Thursday after multiple spells of CBI and judicial remand.

Setting aside the Delhi High Court’s September 30 verdict denying bail to Chidambaram, the apex court said he is neither a ‘flight risk’ nor there is a possibility of ‘his abscondence from the trial’. Chidambaram had moved the apex court challenging the high court verdict.

The apex court, however, made it clear its order will not have any bearing in any other proceedings.

The statement made by the CBI that Chidambaram has influenced witnesses and there was a likelihood of his further influencing them cannot be the ground to deny bail to him when there was ‘no such whisper’ in six remand applications filed by the agency before the trial court, the Supreme Court said.

Rejecting the CBI contentions that Chidambaram tried to influence two material witnesses in the case, a bench headed by Justice R Banumathi said no details are available as to ‘when, where and how those witnesses were approached’.

“There are no details as to the form of approach of those two witnesses either SMS, e-mail, letter or telephonic calls and the persons who have approached the material witnesses. The CBI has no direct evidence against the appellant(Chidambaram) regarding the allegation of appellant directly or indirectly influencing the witnesses,” said the bench also comprising justices AS Bopanna and Hrishikesh Roy in its 27-page judgement.

“The appellant is ordered to be released on bail if not required in any other case, subject to the condition of his executing bail bonds for a sum of Rs 1,00,000 lakh with two sureties of like sum to the satisfaction of the special judge (PC Act), CBI-06, Patiala House Courts, New Delhi,” the bench said, allowing Chidambaram’s appeal against the high court verdict.

“The passport if already not deposited, shall be deposited with the special court and the appellant shall not leave the country without leave of the special court and subject to the order that may be passed by the special judge from time to time,” the bench further said.

The top court made it clear that Chidambaram will have to make himself available for interrogation as and when required by the CBI. It also dismissed the CBI plea challenging the findings of the high court which said Chidambaram was not a ‘flight risk’ and there was no possibility of him tampering with the evidence.

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