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Facts From Another Case Gets Reproduced In Delhi HC's Chidambaram Bail Order [Read Order]

Karan Tripathi
17 Nov 2019 7:42 AM GMT
Facts From Another Case Gets Reproduced In Delhi HC
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[Update : The Delhi HC on November 18 clarified that there was no 'cut-paste' from the order in Rohit Tandon's case, and that the observations in paragraph 35 referred to Rohit Tandon's case and not to Chidambaram's case]

The Delhi High Court's recent order  rejecting regular bail to P Chidambaram in a money laundering case, seems to have reproduced facts from another order passed by the Supreme court in an unrelated case.

Certain paragraphs in the copy of the judgement are identical to the paragraphs in the bail order passed by the Delhi High Court in the case of Rohit Tandon v. Directorate of Enforcement, dated November 10 2017.

Between paragraphs 35-49 of the judgment, there are instances where the paragraphs from the order in Tandon's case can be found, in exactly the same verbatim, in Justice Suresh Kumar Kait's order in Chidambaram's case.

One of the said identical paragraphs is:

' is alleged that during the period from 15.11.2016 to 19.11.2016, huge cash to the tune of ₹31.75 crore was deposited in eight bank accounts in Kotak Mahindra Bank in the accounts of the 'Group of Companies'. It gives details of Demand Drafts issued during 15.11.2016 to 19.11.2016 from eight bank accounts in the name of Sunil Kumar, Dinesh Kumar, Abhilasha Dubey, Madan Kumar, Madan Saini, Satya Narain Dagdi and Seema Bai on various dates. Most of the Demand Drafts issued have since been recovered".

These facts pertain to Rohit Tandon's case and have no relation with the case against Chidambaram.

Rohit Tandon, a lawyer, is accused of laundering Rs 31.75 crores post the demonization timeline, by layering the amount through various banks.

In the ED matter against him, P Chidambaram is accused of layering the alleged amount received through FIPB clearances given, during his tenure as the Finance Minister, through various shell companies abroad, bank accounts, and by generating fake invoices.

Chidambaram will now be heading to the Supreme Case to seek relief in the form of bail in the ED leg of the INX Media case. Earlier, the Supreme Court had granted him bail in the CBI case against him.

On Friday, the Supreme Court noticed that the petition Enforcement Directorate in D K Shivakumar case had copy-pasted portions from their earlier petition in Chidambaram case. Because, the Congress leader Shivakumar was referred to as former Union Finance Minister and former Union Home Minister. The SC dismissed ED's petition after observing "this is not the way to treat a citizen".

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