Delhi High Court reserves Judgement in CBI plea against Trial Court order directing supply of documents to accused in the INX Media Case
The Delhi High Court today reserved its judgment in the plea filed by the Central Bureau of Investigation (CBI) challenging a Trial court order directing supply of documents and statements recorded by the Investigating agency to the accused in the INX Media case involving former Union Minister P Chidambaram and his son, Karti Chidambaram.
The order was passed by the Single Judge bench of Justice Mukta Gupta observing that the Supreme Court in a recent judgement titled Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials had said that “while furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, under the Cr. PC.3 for their production during the trial, in the interests of justice.”
Justice Gupta further said that that the list was provided to the accused in order to enable him to know what documents are in possession of the Agency and if something is of relevance he can approach the Court for an order in his favour.
Advocate Anupam S Sharma appearing for CBI argued that the investigation was still pending and if the documents were supplied at this stage, there were chances that the same may get tampered.
To this Justice Gupta replied that “ the investigating agency may seize 1000 documents and rely on only 500 and keep the rest for themselves. The remainingmay have exculpatory evidence against the accused, why can’t he access them?”
The judge further remarked “Law has just worsened. We are forgeting the basic criminal law and proceeding the way we want law to proceed which is not permissible”.
The trial court in the order passed on March 5 had also permitted the accused to conduct inspections of the record lying in possession of CBI.
Congress leader P Chidambaram, his son Karti Chidambaram and others are accused of cheating and corruption in the INX Media Case where the former has been accused of misusing his official position while granting Foreign Investment Promotion Board (FIPB) approval to INX Media and INX News Pvt Ltd in lieu of illegal gratification.
In May this year, Justice Suresh Kumar Kait had stayed trial proceedings in the said case.
Case Title: CBI v. M/S INX Media Pvt Ltd. & Ors.