FIPB Clearances Given As Per Existing Legal And Policy Framework : Chidambaram Files Rejoinder In INX Media Case

Karan Tripathi

24 Sep 2019 2:43 AM GMT

  • FIPB Clearances Given As Per Existing Legal And Policy Framework : Chidambaram Files Rejoinder In INX Media Case

    P Chidambaram has a filed a rejoinder in response to the counter-affidavit submitted by the CBI in the matter pertaining to his bail in the INX Media case, before the Delhi High Court. CBI in its counter affidavit had stated that since the Petitioner has allegedly misused a public office to commit embezzlement of grave magnitude, and that too with brazen impunity, granting bail would...

    P Chidambaram has a filed a rejoinder in response to the counter-affidavit submitted by the CBI in the matter pertaining to his bail in the INX Media case, before the Delhi High Court.

    CBI in its counter affidavit had stated that since the Petitioner has allegedly misused a public office to commit embezzlement of grave magnitude, and that too with brazen impunity, granting bail would go against the cause of 'Zero Tolerance Towards Corruption'.

    In the rejoinder, it is mentioned at the outset that all the averments made by the CBI in its counter-affidavit doesn't disentitle the Petitioner from getting bail.

    Countering the argument of embezzlement through FIPB clearances, it is submitted that there were officers in the Finance Ministry that were involved in the process of giving FIPB clearances and there's no evidence that suggests that INX Media had made any payment to the Petitioner.

    The rejoinder also denies the allegation of breaching public trust. It is mentioned that no public money is involved in the present case as the money flow to INX media happened through the FDI channel based on FIPB approval.

    If is further mentioned that all the 5 officers of Ministry of Finance who were interrogated during the investigation have said that they were not influenced by the Petitioner and the FIPB clearances was given to INX Media as per the policy and legal framework.

    The rejoinder also challenges the reliance of CBI on the recent Supreme Court judgment in P Chidambaram v. Directorate of Enforcement as the said case deals with pre-arrest bail and the application has been filed for regular bail.

    Subsequently, it is also put on record that the offence with the Petitioner is charged with is not a serious one as it's only punishable with imprisonment of upto 7 years. Moreover, there's no evidence to suggest that Petitioner poses a flight risk or possibility of tampering with evidence.

    It is highlighted that he's a former Union Minister and a public figure, therefore, there's no reason to suggest that he'll evade the investigation by fleeing from the country. Moreover, any allegation of tampering with government documents or influencing the foreign sovereigns is also denied. 

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