Trapped! P Chidambaram. Former Finance Minister P Chidambaram, his son Karti, and 13 others including senior bureaucrats and private companies were accused of causing losses to the government in a charge-sheet filed by the Central Bureau of Investigation or CBI before a Delhi court in the INX Media corruption case. The charge-sheet, which was filed before a special court and will take up the case on Monday, alleges the Chidambarams received Rs 9.96 lakh as bribes in 2008 to facilitate illegal foreign investment in INX Media a company founded by Peter and Indrani Mukherjea. The accused in the charge-sheet include Peter Mukherjea; ex-NITI Aayog CEO Sindhushree Khullar, INX Media; INC News; Chess Management Services; Advantage Strategic Consulting; former and current government officials Ajit Kumar Dungdung, Rabindra Prasad, PK Bagga, Prabodh Saxena, Anoop K Pujari and chartered accountant S Bhaskaraman. Indrani Mukerjea, who has turned approver against Chidambaram, appears in the list but does not face charges. Both Peter and Indrani Mukerjea are currently in jail in the case involving the murder of Indrani's daughter Sheena Bora.
Indrani Mukerjea has claimed to have paid a bribe of US $5 million to former Finance Minister and Congress leader P Chidambaram and his son Karti Chidambaram through offshore payments in Singapore, Mauritius, Bermuda, the UK and Switzerland, the Central Bureau of Investigation stated in the charge sheet filed in a special court on Friday in the INX Media case.
The CBI also stated that it is awaiting a response to its Letters Rogatory (formal request to a foreign court for judicial assistance) sent to five countries.
The agency filed a charge sheet against four entities and eight people under sections 120B (criminal conspiracy), 420 (cheating), 468 (forgery), 471 (signing a forged document as genuine) of Indian Penal Code and Section 9 (taking gratification, for exercise of personal influence with public servant), 13(1)(d) (abusing one’s position as a public servant) of 13(2) (public servant who commits criminal misconduct) of Prevention of Corruption Act.
The four entities charged are INX Media Private Limited (currently 9X Media Private Limited), INX News Private Limited (Direct News), Chess Management Services Private Limited and Advantage Strategic Consulting Private Limited (ASCPL).
The agency has charged P Chidambaram, then finance minister, his son Karti P Chidambaram, Ajeet Kumar Dungdung, the then section officer of Foreign Investment Promotion Board (FIPB) unit at Ministry of Finance, Rabindra Prasad, then undersecretary at FIPB unit, Pradeep Kumar Bagga, then officer on special duty at Department of Economic Affairs, Prabodh Saxena, then director FIPB, Anup K Pujari, then Joint Secretary (Foreign Trade) Department of Economic Affairs, Sindhushree Khullar, then additional secretary, S Bhaskararaman, Chartered Accountant, and Peter Mukherjea, then director INX Media Limited.
The CBI has made Indrani Mukerjea, who is currently in jail in Mumbai in connection with the murder of her daughter Sheena Bora, approver in the case. She in her statement to CBI also stated that a meeting with P. Chidambaram to discuss the modalities of illegal gratification was held between March/April 2007.
The agency stated that CBI had registered a case in May 2017 to investigate corruption in INX Media Private Limited which had received foreign investment Rs 403.07 crore against approved foreign direct investment (FDI) of Rs 4.62 crore.
Further, this company illegally invested Rs 40.91 crore in its sister concern INX News Pvt Limited from the received FDI amount without approval from FIPB in violation of provisions of Foreign Exchange Maintenance Act.
During investigation, it was found that Indrani and Peter, directors of INX Media Private Limited, entered into a criminal conspiracy with the then finance minister P Chidambaram and his son Karti Chidambaram (the then director Chess Management Services Pvt Limited) and the then public servants of FIPB Unit, Department of Economic Affairs for getting the issue settled without any penal action against them.
“This caused undue pecuniary advantage to the companies concerned in terms of possible penalty under FEMA which could have been up to three times the total amount received,” said a senior CBI officer.
The charge sheet stated that Karti had floated a front company, ASCPL, for receiving illegal payoffs in the guise of various consultancies and other fees and payments.
INX Media had also made a payment of Rs 9.96 lakh into the account of ASCPL. “An illegal payoff without delivering any service,” said CBI adding that further probe into the matter is on.
The Enforcement Directorate (ED) too had filed a money laundering case against Chidambaram in this regard in 2017. In the case, a Delhi court on Thursday sent P. Chidambaram to custodial interrogation by the Enforcement Directorate till October 24.
The name of a person, who knows crucial things in the INX Media corruption case against Chidambaram has been withheld even in the charge sheet, The Central Bureau of Investigation told the top court.
Solicitor General Tushar Mehta told the court that the person, who knows crucial facts related to the case has stated that he was being influenced and intimidated by Chidambaram when he was not arrested.
Mehta said the statements of witnesses are placed before the trial court, but not along with the charge sheet so as to ensure anonymity of these witnesses and to ensure they are not further pressured.
Mehta said the witness knows the key details of the case and his statement is also recorded before a magistrate and thus the apprehension expressed by such witness is not before the investigating agency, but before a judicial authority.
He also informed the court that one of the co-accused, Indrani Mukerjea, has been granted pardon and made an approver.
“We do not wish to disclose his identity even in the charge sheet,” SG said adding that the person is not Indrani or Peter Mukherjea but is the person who has reasonably known the things and his statement forms part of the charge sheet.
The Central Bureau of Investigation submitted these points while opposing the bail plea of the former minister and told the Supreme Court that he had tried to “pressurise and influence” key witnesses in the INX Media case.
After hearing both sides, the bench of Justices R. Banumathi, A.S. Bopanna and Hrishikesh Roy reserved the order on Chidambaram’s bail plea.
Solicitor General Tushar Mehta told the court that the statements of witnesses showing a clear case of former minister influencing witnesses was seen by the High Court based on which a categorical finding was recorded by the High Court.
As the investigation in the case is at a crucial stage, the release of Chidambaram would pose a serious threat to the investigation, more particularly when the accused – who is very influential and powerful – is capable of not only influencing the witnesses but his mere presence would intimidate witnesses and hamper the investigation, Mehta said.
“Under the circumstances, it would be hazardous and against the interest of the investigation to release the accused on bail at such a crucial stage,” CBI said.
Besides the apprehension expressed by such a witness is not before the investigating agency but before a judicial authority under section 164 CrPC. Furthermore, one of the co-accused persons who has been approached by the petitioner or his representative has been granted pardon by a court and has been made an approver after following the procedure laid down under section 306 CrPC.
Mehta also pointed out that the gravity and seriousness of the offences committed by the former minister indicate a strong possibility of his conviction which Chidambaram would like to avoid and can flee from justice. There is a chance of flight risk as Chidambaram has the financial capacity to sustain himself outside India to avoid such conviction, Mehta said, citing the example of some accused without naming anyone.
He also said that the former minister can tamper with evidence.
However, Chidambaram’s counsel and senior advocate Kapil Sibal countered the CBI’s arguments citing the 2G allocation case where the accused were acquitted by a trial court despite the filing of a charge sheet in the case.
But Mehta said that the matter is sub judice as the CBI has filed an appeal in the case before the High Court. Mehta’s interference during the arguments irked Sibal who said that first they threaten and now they are interfering during his arguments.
He also told the court that the former minister, who is 74 years old, has lost 4.5 kg weight despite getting home-cooked food inside the jail. Sibal said that Chidambaram would abide by every condition imposed by the court.
During the hearing, Mehta said the former minister misused his position for personal gain and thus is not entitled to any relief as granting him relief would not only be against the zero-tolerance policy on corruption but would also be setting very wrong precedence in all corruption cases.
Chidambaram was arrested on August 21 and is currently lodged in Tihar jail under judicial custody.
The CBI on Friday charge-sheeted him with other accused in the INX Media corruption case.
After hearing both the sides, the bench of Justices R. Banumathi, A.S. Bopanna and Hrishikesh Roy reserved the order on Chidambaram’s bail plea.
Solicitor General Tushar Mehta told the court that the statements of witnesses showing a clear case of former minister influencing witnesses was seen by the High Court based on which a categorical finding was recorded by the High Court. (IANS)