Supreme Court permits Congress MP Karti Chidambaram to travel abroad subject to deposit of Rs.1 crore

A Supreme Court bench Monday consisting of Justices A.M.Khanwilkar and C.T. Ravikumar permitted the Congress MP, Karti Chidambaram to travel abroad subject to him depositing Rs.1 crore and giving an undertaking that he will return to India and cooperate with the the investigation by the Enforcement Directorate (ED) in INX Media Case and Aircel-Maxis Case.

Karti Chidambaram had filed an application in a pending Transferred Case against the Enforcement Directorate (TC (crl) 4 of 2018) seeking permission of the court to travel abroad between 25th October and 21st November. Solicitor General, Tushar Mehta, appearing for the ED submitted that he was not cooperating with the authorities in the ongoing investigation and has not appropriately responded to summons issued to him on 30th June. He further submitted that he will file an affidavit by the concerned officials to this effect in an hour's time.

Kapil Sibal, Senior Advocate, appearing for Karti Chidambaram argued that this issue was being raised in the last moment despite the matter having been adjourned on 2 occasions previously. He further submitted that the travel can't be stopped given that no document substantiating ED's claim has been filed.

Upon hearing the parties, the bench noted that this application was filed on 30th September after giving notice to ED. It has been adjourned on 2 occasions in the past and today when the applicant wants to go abroad, it is stated for the first time that the has not cooperated during the investing and has not appropriately responded to summons issued to him on 30th June. The bench further directed Karti Chidambaram to deposit a sum of Rs. 1 crore in a nationalised bank for a period of 6 months and comply with the following directions

(i)He shall file an undertaking before this Court within three days, indicating his flight details and the date of arrival in India;

(ii) If the undertaking is not filed, the applicant shall not be allowed to go abroad;

(iii) After the undertaking is filed and a copy of the same is served on the assisting counsel of Mr. Tushar Mehta, learned Solicitor General, the Passport of the applicant which is in the custody of the Enforcement Directorate, shall be handed over to him, who shall surrender the same after the schedule of visit is over;

(iv) He shall not open or close any bank account overseas;

(v) He shall not enter into any kind of property transactions abroad;

(vi) He shall give itinerary of his visits and places of residence of foreign countries before proceeding to foreign travel to the respective countries;

(viii) If the undertaking is not complied with, he shall face such consequences as maybe deemed fit and appropriate;

The court in February had permitted Karti Chidambaram to travel abroad on giving similar undertakings, however the amount to be deposited has been reduced from Rs.2 crores to Rs.1 crore in this application.

It is to be noted that the main case TP (CRL) 4 of 2018 will be heard as per the board in the coming days while the application has been adjourned to 22nd November.

Case Title: Karti P. Chidambaram Vs. Enforcement Directorate