"Investigation being the prerogative of the investigating officer and given the fact that the record is voluminous and accused needs to be confronted. Thus, more time is required. In view of the submissions made, the accused is sent to police custody remand till September 2," the judge said while pronouncing the order.
Chidambaram, 73, has been already subjected to custodial interrogation by the CBI for eight days since his arrest on August 21, after the Delhi High Court on August 20 dismissed his anticipatory bail plea.
His son Karti was also present in the court. The CBI sought extension of Chidambaram's custodial interrogation by five days in the case. The agency said despite best possible efforts, investigation cannot be completed due to his evasive and non-cooperative attitude and further time is required.
Additional Solicitor General (ASG) K M Nataraj, representing the CBI, said Chidambaram has been partially interrogated and he is required to be confronted with further documents. The judge asked the CBI as to why it required five more days for interrogating Chidambaram and wanted to see the case diary.
When the ASG said there are voluminous documents, the judge said, "You were aware about the volume of documents, why did you ask for only five days custody for the first time, Second time also you asked for five days only. Why this approach."
ASG Nataraj replied that it all depends upon how Chidambaram answers the questions. The judge, after going through the case diary, said the grounds which the CBI has given for further custodial interrogation are vague. He said the CBI should have asked for custodial interrogation of Chidambaram for 15 days on the very first day of his production.
CBI said that Chidambaram was not giving straight answers, though he has been questioned for 8-10 hours every day. "There is a case of further extension of his custody," the ASG said.
He further said Chidambaram had agreed before the Supreme Court that he has no problem if the CBI custody is extended till Monday. Noting the submission, the court asked Chidambaram's counsel Dayan Krishnan and CBI to discuss and decided how much custody is required. "What's the use of this court?," an upset judge said.
Krishnan said till now 55 hours of questioning has taken place and not a single document was there on money trail. He said the investigation is also not fair and three files have been shown to Chidambaram 20 times and claimed that there is not a shred of documents on money trail. "Three files have been shown to me over 20 times. Each and every question answered without a pause," Chidambaram's counsel said. This submission was opposed by the CBI which said money trail issue is not for the agency to look into.
When the court asked Chidambaram's counsel whether he was opposing the extension of police custody, he said there are a number of objections. On a specific query by the court, the lawyer said Chidambaram can be sent to CBI custody till Monday, that is, September 2. "Since the matter is pending in the Supreme Court, I am willing to be in custody till Monday," Chidambaram's lawyer said.
However, Chidambaram himself spoke and said he was opposing the CBI application for police custody. He also said there is no justification to put him in custody and ask the same questions. The ASG raised objection to Chidambaram himself addressing the court.
CBI had registered an FIR on May 15, 2017 alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as finance minister. Thereafter, the ED in 2018 lodged the money laundering case in this regard.
Chidambaram's role had come under the scanner of various investigating agencies in the Rs 3,500-crore Aircel-Maxis deal and the INX Media case involving Rs 305 crore.
It was during his tenure as finance minister in the UPA-I government that clearances from the Foreign Investment Promotion Board (FIPB) were given to the two ventures.
(With PTI inputs)