Court refuses to stay summon against Karti

The Supreme Court on Friday refused to stay a summon order issued by the Enforcement Directorate against Karti Chidambaram in the INX Media case and posted it for hearing on March 6, leaving open the possibility of his arrest in the case. Karti is presently outside the country and is expected to return on February 28.

Opposing the application by Karti, the Central Bureau of Investigation (CBI) led by Additional Solicitor General (ASG) Tushar Mehta submitted that such an application is not maintainable as the ED case against Karti is a separate proceeding having no bearing with the issue of Look out Notice by the CBI.

However, the bench headed by Chief Justice Dipak Misra allowed Karti to approach the competent authority for postponement of ED summons directing his presence at ED office on

March 1. Meanwhile, a trial court allowed ED to interrogate S Bhaskararaman, Karti’s chartered accountant till February 26.

Apprehensions of Karti’s arrest were profound as his counsel senior advocate Kapil Sibal demanded an undertaking that his client should not be arrested till the next date of hearing. ASG Mehta said the application was in the guise of an anticipatory bail petition and such an application cannot be entertained as ED is not a party in the petition being heard by Court.

Sibal said that his client is treated as a common criminal by being summoned month after month and made to sit for hours together at ED office. Even the CBI is yet to file charge sheet in the case, he added. Mehta quipped, “I agree that he (Karti) is not a common criminal. But will the court allow a common criminal to move such an application. This is abuse of the process of law.”