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December 2019

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P Chidambaram Out Of Jail After 106 Days

    • Publish Date: Dec 5 2019 11:56AM
      • |
    • Updated Date: Dec 5 2019 1:37PM
P Chidambaram Out Of Jail After 106 Days

New Delhi: After spending 106 days in custody, former finance minister P Chidambaram walked out of Tihar Jail at 8.13pm on Wednesday after the Supreme Court granted him bail in the money laundering case lodged by the Enforcement Directorate. He has already been given bail in another case arising out of the INX Media scam which is being probed by the CBI.

In an unusual order, the court barred him from giving interviews or making public statements in connection with the case. It also restrained him from leaving the country without the trial court’s permission, directed him to appear before the ED whenever summoned, and warned him not to tamper with evidence or attempt to intimidate or influence witnesses. Chidambaram was granted conditional bail, subject to executing bail bonds for a sum of Rs 2 lakh with two sureties of like amount.

While giving PC relief, SC considers old age, ailments
Though the court agreed with the Delhi HC order that economic offences come within the category of grave offences, it held that the basic jurisprudence — that the grant of bail is the rule and refusal is the exception — continues to hold field to ensure that the accused has the opportunity of securing a fair trial. It also ruled that the gravity of the offence must be one of the factors to be considered in addition to the triple test of flight risk, tampering of evidence and influencing witnesses while deciding a bail plea.

“Therefore, the underlining conclusion is that irrespective of the nature and gravity of charge, the precedent of another case alone will not be the basis for either grant or refusal of bail though it may have a bearing on principle,” the court said while setting aside the high court order refusing bail.

The SC said one of the coaccused has been granted bail by the HC while another has been given interim protection from arrest. It also noted that even the HC had held that Chidambaram is not a flight risk and there is no possibility of tampering with evidence or influencing/intimidating witnesses. It said he didn’t hold any post in the government of the day so as to be in a position to interfere in the ongoing probe.

The SC also took into account Chidambaram’s old age and his ailments which aggravated during incarceration as he was put on antibiotics and had been advised to take steroids. “Taking these and all other facts and circumstances including the duration of custody into consideration, the appellant in our considered view is entitled to be granted bail,” the court said.

Incarceration was vengeful: Rahul
Former Congress president Rahul Gandhi tweeted that P Chidambaram’s incarceration was “vengeful and vindictive”. “I’m glad that the SC has granted him bail. I’m confident that he will be able to prove his innocence in a fair trial.”
Chidambaram’s son Karti heaved a sigh of relief, tweeting, “Phew. At last after 106 days.” Chidambaram’s wife Nalini, who is a senior lawyer, said she was happy that her husband got the bail. He would start attending Rajya Sabha after taking care of his health, she said. AGENCIES

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