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Karti gets relief from HC, however continues in CBI custody

Team SoOLEGAL 10 Mar 2018 6:37pm

Karti gets relief from HC, however continues in CBI custody

New Delhi: A Delhi HC bench consisting of Justices S Muralidhar and I S Mehta restrained the Enforcement Directorate (ED) from arresting Karti Chidambaram till March 20. The ED won’t arrest him on money laundering charges till the court takes up his plea on March 20. However Special CBI court extended his stay in CBI custody for three more days.

“If the CBI court grants bail to the petitioner in the CBI case, no coercive steps shall be exercised against the petitioner by the ED under Section 19 (power to arrest) of the Prevention of Money Laundering Act (PMLA),” the bench said and issued notice to the ED and the Centre on Karti’s plea seeking to challenge the proceedings in the money laundering case.

The bench also ordered Karti to not leave the country and to surrender his passport. Senior lawyers Kapil Sibal and Abhishek Manu Singhvi, representing Karti, told the court there was serious apprehension that the ED would immediately arrest him in case he gets bail from the CBI court. This was vehemently contested by Assistant Attorney General, Tushar Mehta who is representing ED in the case. He said,“ There was cogent, substantial, reliable and unimpeachable material against him and any relief from the high court will also affect the case pending before the trial court.” He also said it was “very, very dangerous” that the accused was circumventing Section 438 (direction for grant of bail to person apprehending arrest) of the CrPC, and directly moving the writ court.

Kapil Sibal countered the claim, saying the heavens would not fall if he was protected from arrest and the ED was free to interrogate him. 

Karti sought the court's direction to strike down the ED’s powers of arrest under Section 19 of the PMLA as unconstitutional and in violation of Articles 14 and 21 dealing with rights of people for equality before law and protection of personal liberty.



Tagged: Delhi HC   Karti Chidambaram   CBI   CBI Special Court  
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