Big setback to P Chidambaram! SC rejects petition against Delhi HC order, calls it 'infructuous'

Former Finance Minister P. Chidambaram on Monday suffered a setback when the Supreme Court rejected his petition challenging the Delhi High Court`s order dismissing his anticipatory bail in a CBI case, saying it has become "infructuous". The apex court granted the Congress leader liberty to file fresh regular bail in the Central Bureau of Investigation (CBI) case in alleged irregularities in the INX Media case in which he was arrested on August 21 night.

"Can`t entertain this after your arrest," said the court. "We can`t convert your petition against rejection of anticipatory bail into a petition for regular bail," Justice R. Banumathi told advocates Kapil Sibal and Abhishek Manu Singhvi. The court observed that the third petition against the CBI`s remand had not been listed so far.  "We cannot pass order on listing. The CJI (Chief Justice of India) will do it," the judge said.

During the hearing, advocate Sibal earlier told the Supreme Court bench headed by Justice Banumathi that despite the last order of the top court, his client`s petition challenging the trial court remand order was not listed for Monday. Justice Banumathi said the petition will be listed once the apex court registry gets the Chief Justice`s order in this regard. "The registry has some difficulties and they have to take orders from the Chief Justice," the bench said.

Solicitor General Tushar Mehta said he had no objection to the plea being heard. The Delhi High Court had on August 20 rejected Chidambaram`s anticipatory bail plea in the INX media case. On August 21, he moved the Supreme Court and challenged Delhi High Court order but could not get an urgent hearing on the plea. Chidambaram was arrested on August 21 and presented before a trial court, which remanded him to CBI custody till August 26.

The Enforcement Directorate and the CBI are probing how Chidambaram`s son Karti Chidambaram got the Foreign Investment Promotion Board (FIPB) clearance in 2007 when his father was the Finance Minister. Karti Chidambaram was arrested on February 28, 2018 by the CBI for allegedly accepting money to facilitate the FIPB clearance to INX Media. He was later granted bail.

His chartered accountant S. Bhaskararaman was also arrested and released on bail.