ED opposes the declaration of bail of Chidambaram in HC citing the seriousness of the crimes
NEW DELHI: On Saturday he opposed the declaration of freedom on bail of the former minister of Union P in the case of money laundering of INX Media on Saturday, saying that the seriousness of the crimes allegedly committed by him did not entitles you to repair.
The ED, in his affidavit filed in response to Chidambaram's 74-year bail petition, said the congressional leader's claim that no crime has been committed against him is unsustainable by law and his statement can be rejected.
The matter is in hearing on Monday before Judge Suresh Kait, who had asked the investigation agency to respond to Chidambaram's statement of bail.
Chidambaram, who was granted bail on October 22 in the case of corruption of INX media, is housed in Tihar prison under judicial custody in the ED money laundering case.
On Friday, the high court, while getting rid of the provisional declaration of bail on Chidambaram, who was suffering from Crohn's disease, had ordered the Superintendent of Tihar Jail to provide him with a clean and hygienic environment and also mineral water, homemade food and nets for protection against mosquitoes and repellents. .
The DE, in its response to the declaration of bail, said that the seriousness of the crimes allegedly committed by Chidambaram for which he was being investigated, the brazenness and impunity with which the country's senior office was misused by him to Personal benefit does not entitle you. of seeking any relief from the court.
He said that this would not only be against the 'zero tolerance policy on corruption' of the court and the country, but would also establish a very incorrect precedence in all cases of corruption.
The agency said the investigation has resulted in the collection of substantial material by showing a clear case of money laundering with the participation of Chidambaram, his son Karti and others.
The ED referred to Section 3 of the Corruption Prevention Act (PMLA) which says that who directly or indirectly tries to please or help knowingly or consciously is a party or is really involved in any process or activity related to the proceeds of crime, including its cover-up, possession, acquisition or use and project or claim it as uncontaminated property will be guilty of money laundering crime.
He said that Chidambaram cannot claim that only his son Karti can be accused, at best, of having committed the crime.
It has been found that the proceeds of the crime were generated due to the petitioner's act (Chidambaram) by granting permits illegally for the gratification compiled by Karti Chidambaram at the request of the petitioner, said the ED and requested the dismissal of the declaration of bail that He said. It lacked merit.
Chidambaram had previously requested an advance bond in the money laundering case of the higher court that dismissed the statement. The decision was challenged in the Supreme Court, which also refused to grant reparation.
The ED arrested him in the case of money laundering on October 16.
He was arrested by the IWC on August 21 in the case of corruption of INX Media.
The IWC registered the case on May 15, 2017 alleging irregularities in an authorization of the Foreign Investment Promotion Board (FIPB) granted to the INX Media group for receiving funds abroad of Rs 305 million rupees in 2007, during the Chidambaram's mandate as finance minister.
On October 18, the IWC presented its charge sheet appointing Chidambaram and several others as defendants in the INX media corruption case.
The court of first instance became aware of the charge sheet on October 21 and, subsequently, on October 22, the court of first instance granted him a regular bond in the matter.
Chidambaram has argued in his statement of bail that both the CBI and ED cases arise from the same financial transaction and, therefore, there can be no separate return for both.
The statement alleged that, since all the evidence in the case is documentary and is in the custody of the investigation agencies, it cannot manipulate it.
He stated that Chidambaram was always available for questioning by the ED and had appeared before the agency and answered all questions on the four dates on which he was summoned, on February 8.
In addition, he said that ED made no attempt to interrogate him until October 16, while he was staying in Tihar prison since September 5.
On October 16, the DE interrogated Chidambaram in Tihar prison and then formally arrested him for the deceptive reason of being evasive during the interrogation, according to the allegation.
The petition has also argued that Chidambaram's state of health is fragile since he is 74 years old and suffers from several ailments, including coronary artery disease.
He referred to the order of the Supreme Court on October 22 to grant bail to Chidambaram in the case of CBI and said he had stated that there was no evidence of tampering, risk of leakage and influencing witnesses against Chidambaram in a corruption case .