SC extends interim protection granted to Karti till March 26
Ashish Tripathi, DH News Service, New Delhi, Mar 15 2018, 18:36 IST
Karti Chidambaram, PTI file photo
The Supreme Court on Thursday ordered that an interim protection from arrest granted to Karti Chidambaram, son of former Union Minister P Chidambaram, in a money laundering case would remain in force till March 26.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud extended the date of relief granted to him by the Delhi High Court from March 22 to March 26 in the matter being probed by the Enforcement Directorate in the INX media case.
The top court, however, decided to transfer the writ petition filed by Karti and others, challenging among others, the validity of Section 19 (power of arrest) of the Prevention of Money Laundering Act, 2002 from the Delhi High Court to itself. Karti is at present under the judicial custody in the case lodged by the CBI in May, last.
It said the matter required to be decided by the apex court as there were “conflicting views of various high courts” on power of arrest under the PMLA.
Senior advocates Kapil Sibal and A M Singhvi, representing Karti, pleaded that the interim protection should remain in operation till March 26, the next date of hearing.
“We will not leave you high and dry till we decided the matter. The question for consideration is if Article 226 (writ jurisdiction of the high court) can be invoked as a recourse for pre-arrest bail,” the bench said.
“We will not adjudicate on merit of the case. We will interpret Section 19,” the bench added.
Additional Solicitor General Tushar Mehta, appearing for the ED, contended that March 9 order passed by the HC – directing for no coercive action against Karti – could be misused by the PNB bank loan case accused and the promoter of the defunct Kingfisher Airlines.
“Look at the HC order which tells us to file an affidavit that he is guilty of the offence. It is troubling us. We will not be able to do anything. Even if he gets bail (in CBI case), the ED can't touch him,” he said.
Mehta also pointed out several other petitions – challenging the validity of Section 45 (offence to be cognisable and non-bailable) also of the PMLA – have been referred to the full bench of the Delhi High Court. But there are reasoned and reported judgements on the subject by the Bombay and Punjab and Haryana, Jharkhand and other high courts in the matter.
“To get out of the problem, we will transfer all cases,” the bench said. The court, however, declined a plea by Mehta that the Madras High Court should not decide validity of the lookout circular as it does not survive with the arrest of Karti. The HC, which reserved its order, can deliver its judgement but the top court said its observations would not affect merit of the CBI case.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud extended the date of relief granted to him by the Delhi High Court from March 22 to March 26 in the matter being probed by the Enforcement Directorate in the INX media case.
The top court, however, decided to transfer the writ petition filed by Karti and others, challenging among others, the validity of Section 19 (power of arrest) of the Prevention of Money Laundering Act, 2002 from the Delhi High Court to itself. Karti is at present under the judicial custody in the case lodged by the CBI in May, last.
It said the matter required to be decided by the apex court as there were “conflicting views of various high courts” on power of arrest under the PMLA.
Senior advocates Kapil Sibal and A M Singhvi, representing Karti, pleaded that the interim protection should remain in operation till March 26, the next date of hearing.
“We will not leave you high and dry till we decided the matter. The question for consideration is if Article 226 (writ jurisdiction of the high court) can be invoked as a recourse for pre-arrest bail,” the bench said.
“We will not adjudicate on merit of the case. We will interpret Section 19,” the bench added.
Additional Solicitor General Tushar Mehta, appearing for the ED, contended that March 9 order passed by the HC – directing for no coercive action against Karti – could be misused by the PNB bank loan case accused and the promoter of the defunct Kingfisher Airlines.
“Look at the HC order which tells us to file an affidavit that he is guilty of the offence. It is troubling us. We will not be able to do anything. Even if he gets bail (in CBI case), the ED can't touch him,” he said.
Mehta also pointed out several other petitions – challenging the validity of Section 45 (offence to be cognisable and non-bailable) also of the PMLA – have been referred to the full bench of the Delhi High Court. But there are reasoned and reported judgements on the subject by the Bombay and Punjab and Haryana, Jharkhand and other high courts in the matter.
“To get out of the problem, we will transfer all cases,” the bench said. The court, however, declined a plea by Mehta that the Madras High Court should not decide validity of the lookout circular as it does not survive with the arrest of Karti. The HC, which reserved its order, can deliver its judgement but the top court said its observations would not affect merit of the CBI case.