Supreme Court Extends Interim Protection From Arrest To Chidambaram In ED Case; Hearing All Set To Continue

The Supreme Court continued to hear the challenge to the Delhi High Court's refusal to grant anticipatory bail in the Enforcement Directorate's (ED) case filed against former Union Minister P Chidambaram.

The Supreme Court bench comprising Justice Bhanumati and Justice Bopanna has extended the interim protection from arrest to Chidambaram in the Enforcement Directorate (ED) case.

Solicitor General Tushar Mehta stated that money laundering is a stand alone offence and if the money that has been laundered is in use, then that too is an offence.

Mehta stated that the ED has the statutory right to arrest a person based on a reasonable belief that he has committed an offence and that the Supreme Court cannot curtail the right to seek custodial interrogation.

Money laundering offenses leave a money trail and since the evidence is in electronic form, it will be gone if placed before the court, or publicized, Mehta argued. Hence, evidence cannot be shared until the prosecution complaint or chargesheet is filed, he stated.

He stated that as a prosecuting agency, the ED has reached the stage of using its power to arrest, under the Prevention of Money Laundering Act (PMLA).

Reading out provisions of the PMLA in relation to the evidence in a sealed envelope, Mehta stated that the evidence cannot be used arbitrarily until a chargesheet is filed, adding that the evidence cannot be given to the defense, as per the statute.

Mehta argued that if the court intervenes at such a juncture, it would prevent the ED from exercising its statutory right to arrest.

He stated that the evidence cannot be shared with the accused before the chargesheet is filed.

At that point, Chidambaram’s lawyer Kapil Sibal stated that he never made a case that the accused should be given access to the evidence.

Justice Banumathi also reminded Solicitor General Mehta that Sibal had merely argued that the court should not be presented with evidence which has not been used to confront the accused.

The hearing is set to continue on August 29.