The Supreme Court on Monday agreed to urgently hear Karti Chidambaram, who accused the Central Bureau of Investigation (CBI) of acting in contempt of both the Supreme Court and the Madras High Court decisions by arresting him at Chennai airport and whisking him off to Delhi.
A Bench led by Chief Justice of India Deepak Misra agreed to schedule Mr Karti Chidambaram’s application for hearing on March 6 (Tuesday).
Mr. Karti Chidambaram’s who is now in CBI custody as per the order of remand by a Delhi court, said he has not “till now” been informed about the grounds for his arrest. He said the denial of information about the grounds of his arrest was in violation of his fundamental right under Article 22 of the Constitution.
HC caveat on travel
Mr. Karti Chidambaram’s said he had left for the U.K. after the Madras High Court, in an order on February 16, 2018, allowed him to travel. One of the conditions imposed by the court was that he should appear before the CBI immediately on his return and co-operate with the investigation.
In his application. Mr Karti Chidambaram’s said he was “shocked” when the CBI arrested him at the Madras airport. The sudden arrest has prevented him from complying with the High Court order, he submitted.
“The arrest is in gross contempt of the Madras High order of February 16, 2018,” Mr Karti Chidambaram submitted.
He referred to a 2014 judgment in the Arnesh Kumar case to argue that officers who fail to comply with a court's order are liable for departmental and contempt of court action before the High Court concerned.
The application asked the Supreme Court to intervene and restrain the Enforcement Directorate from continuing any investigation under the Prevention of Money Laundering Act, 2002 or issue summons to Mr Karti Chidambaram in connection with the M/s.INX Media FIPB approval case until the CBI has completed its investigation and filed a report under Section 173 Cr.P.C concluding that a predicate/scheduled offence has been committed and proceeds of crime are identified.
He said the ED is on a “fishing and roving enquiry” to malign the reputation of his father, former finance minister P. Chidambaram. He said all documents sought in the summons have already been seized during multiple searches by the ED in connection with Aircel Maxis case and INX Media cases.