NEW DELHI : The Delhi High Court on Friday issued notice to former Union Minister P Chidambaram, son Karti Chidambaram and others on a petition filed by the Enforcement Directorate (ED) challenging the trial court order allowing inspection of documents kept in Malkhana room in connection with the INX media case.
A bench of Justice Yogesh Khanna on Friday sought the response of P Chidambaram, his son Karti and others and fixed the matter for April 20 for further hearing in the matter.
The investigating agency has sought direction to set aside a Special Court order allowing the accused to inspect the documents kept in the Malkhana (a place where case properties are kept).
Earlier, the bench of Justice Chandra Dhari Singh of the Delhi High Court had recused himself from hearing ED plea in the INX Media money laundering case.
The Central Bureau of Investigation (CBI) had also moved the Delhi High Court earlier challenging an order passed by Rouse Avenue Court allowing inspection of documents to the accused persons and their counsels, which was later dismissed by the Delhi High Court.
The CBI plea sought direction from the court to set aside the observations made in the trial court order, under which the petitioner (CBI) is required to file or produce all the documents collected during the course of the investigation of the case before the court, and that the accused are also entitled to copies of such documents or inspections thereof, irrespective of the fact that whether they are being relied upon by the petitioner (CBI) or not.
The CBI in the petition stated that the right of the accused with regards to the disclosure of documents is a limited right as codified and is the very foundation of a fair investigation and trial.
“On such matters, the accused cannot claim an indefeasible legal right to claim every document of the police file or even the portions which are permitted to be excluded from the documents annexed to the report under Section 173(2) as per orders of the Court,” the plea said.
CBI had registered the case on May 15, 2017, alleging irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram’s tenure as the Union Finance Minister.
Thereafter, the ED had also lodged a money laundering case. The economic offences watchdog had registered a PMLA (Prevention of Money Laundering Act) case based on FIR by the CBI and alleged that irregularities took place in the FIPB clearance to INX media.
