NEW DELHI: With the Supreme Court directing status quo in the legal battle between P
Chidambaram and the CBI on sending him to Tihar under judicial custody in the INX Media case, the Congress leader will remain in CBI custody till September 5 despite the agency saying it did not require his further custody.
On Monday, the court had allowed Chidambaram to approach the trial court for interim bail and ordered that he will remain in CBI custody if his plea was rejected. On Tuesday, the bench modified its order and allowed him to remain in CBI custody after recording the statement of advocates Kapil Sibal and A M Singhvi that the former minister would not press for bail in the trial court till the apex court decided the matter. "We deem it appropriate that the present status quo of CBI custody of the petitioner shall remain continued till Thursday," the bench of Justices R Banumathi and A S Bopanna said.
The SC added that the bench had reserved its order on Chidambaram’s anticipatory bail plea in the Enforcement Directorate case and the appeal filed against his arrest and subsequent remand order would be decided only after passing the verdict.
Complying with the apex court’s order, Chidambaram was remanded in two days of CBI custody by a special court on Tuesday. Noting the SC order, special judge Ajay Kumar Kuhar ordered Chidambaram’s CBI custody till September 5.
Earlier, in the Supreme Court, the CBI strongly opposed Chidambaram moving the apex court against the trial court’s order remanding him in CBI custody, and told the bench that the former minister could have approached the HC. Questioning how he could approach the apex court directly against a trial court order, the CBI said it would set a wrong precedent and people would start bypassing HCs.
“If this court were to entertain the SLP directly against the order of the special judge remanding the accused to police custody, all litigants whose prayer for listing SLP against anticipatory bail are refused and are therefore arrested will be entitled to file similar petitions challenging the order of sessions judge/special judge granting police remand directly before this court,” the agency’s affidavit said.