New Delhi: Former Union minister and senior Congress leader P Chidambaram moved the Delhi High Court on Wednesday (November 27) challenging a trial court order taking cognisance of a chargesheet filed by the Enforcement Directorate (ED) in a money laundering case against him in the INX Media case, submitting that the mandatory sanction to prosecute him in the case was not obtained.
Senior counsel N Hariharan, who appeared for Chidambaram, argued that the ED was bound to have obtained sanction to prosecute him in terms of the provisions of the Code of Criminal Procedure (CrPC) and the Prevention of Money Laundering Act (PMLA) as he was a public servant at the time when the alleged offence took place and the requisite sanction to prosecute him was not obtained by the agency when the trial court took cognisance of the offences under the PMLA following the filing of the chargesheet.
Chidambaram has urged High Court to quash cognisance and consequential proceedings
The plea filed by Chidambaram has urged the High Court to quash the cognisance and consequential proceedings in the case, submitting that the trial court had no jurisdiction to proceed with the matter in the absence of requisite sanction from authorities and it erred in taking cognisance of the charges on March 24, 2021 without the ED taking prior sanction to prosecute him in the case.
The counsel appearing for the ED said that the allegations against the accused could not be part of discharge of any official duty in the money laundering case, news agency PTI reported.
Justice Manoj Kumar Ohri would hear the matter on November 28.
ED arrested Chidambaram in INX media related money laundering case in 2019
The CBI, which registered the case on May 15, 2017, has alleged irregularities in a Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during the tenure of Chidambaram as the Union finance minister. The CBI arrested him in the INX Media corruption case on August 21, 2019 and later he was arrested by the ED on October 16, 2019 in a related money laundering case.
High Court recently stayed proceedings before trial court against Chidambarm in Aircel-Maxis case registered by ED
The High Court on November 20 stayed proceedings before the trial court against Chidambaram in the Aircel-Maxis case registered by the ED till the next date of hearing into the matter on a plea filed by Chidambaram, who challenged a trial court order taking cognisance of the chargesheet filed by the ED against him and his son Karti Chidambarm in a money laundering case and seeking an interim relief of a stay on the proceedings before the trial court in the Aircel-Maxis case.
Chidambaram argued before the High Court in the Aircel-Maxis case that when the offence was allegedly committed, he was public servant and the trial court took cognisance of the ED chargesheet for the alleged offence of money laundering in the absence of any sanction for prosecution of Chidambarm.
