The Supreme Court today dismissed plea of former Union Minister P Chidambaram seeking anticipatory bail in the INX Media case, saying that the senior Congress leader has been already arrested and the case has become infructuous.
Hearing on the other two petitions of the former Union Minister going on at the apex court. The court also asked Chidambaram to move the trial court for regular bail, saying since he has been arrested, his appeal challenging Delhi High Court order denying anticipatory bail has become infructuous.
The senior Congress leader’s counsel Kapil Sibal told the apex court,” If the arrest had taken place and I had filed it later, the petition against Delhi High Court would be infructuous. I have a right under law to be heard.”
Sibal said this after Justice Banumathi said CBI matter became infructuous as Chidambaram had already been arrested in the INX Media Case. The bench in return asked Sibal whether his petition for anticipatory bail had not become infructuous as he has been arrested now.
“We can’t convert your petition against rejection of anticipatory bail into a petition for regular bail,” said Justice Bhanumathi. Sibal hit back by saying, “we have not being heard and the plea was listed for Friday in SC and then I was arrested by CBI. We have even challenged the trial court’s remand order.”
When ED wanted the case diaries to be read by the bench, Sibal opposed to it, by saying regular entries are required. “Even the dairies can’t be used an evidence against any person,” he said.
Earlier on Monday, to the surprise of senior Congress leader’s legal team, the third petition which challenges the trial court order which granted CBI custody till Monday was not listed in the apex court. On this, senior advocate Kapil Sibal approached the bench headed by Justice R Banumathi to inform her about the non-listing of the matter.
The Judge responded that she is aware of the things and has sent the file to Chief Justice of India Ranjan Gogoi for necessary approvals and the matter will be listed accordingly. “The registry has some difficulty and we have to take orders from the Chief Justice,” the bench told Sibal.