On August 30, CBI-designated courtroom number 501 at Rouse Avenue Court was packed to the brim with journalists and lawyers eager to observe what was in store for the former Union Minister.
The session began around 3:20 pm. Additional Solicitor General (ASG), KM Nataraj, submitted an application to extend the remand of P Chidambaram by five days.
Immediately after reading the application, Special Judge Ajay Kumar Kuhar asked for the grounds on which custody was being prolonged.
“He has only been partially interrogated, explained KM Nataraj. “Please read para 8 and 9 of the application. It is explained how the documents are voluminous and each needs an answer from him.”
“Didn’t you know the documents were voluminous?” inquired Justice Kuhar. He went on to ask the ASG why a 10-day custodial remand was not applied for in the first place.
KM Nataraj replied Chidambaram’s approach to these documents has been peculiar.
Justice Kuhar found these grounds vague, and inquired about the number of questions that had been asked and the duration of the interrogation. “To my knowledge, he has been interrogated for 8 to 10 hours,” replied KM Nataraj.
Kuhar insisted that the reasons for prolonging the remand were vague to which Nataraj argued that the accused, while speaking in the Supreme Court yesterday, had voluntarily agreed to remain in custody till Monday (September 2).
Senior Advocate Dayan Krishnan, who was representing Chidambaram, said there was a mutual agreement on the Special Leave Petition that was presented in Supreme Court. “We, without any prejudice, agreed to cooperate by agreeing to the extension of the custody,” said Krishnan.
Dayan explained why he was opposing the application for further custody. “I oppose the remand. Same three files have been shown to him (Chidambaram) more than 20 times. He has been questioned for more than 55 hours and 400 questions have been asked. There is not a single evidence showing his foreign bank account, his involvement in money laundering, and that he has any shell companies,” said Krishnan.
Judge Kuhar asked whether Chidrambaram had agreed to remain in custody till Monday.
Krishnan’s argument that his client was willing to extend his custody was countered by Kuhar pointing out that it was not his choice.
Amidst this argument, Chidambaram repeated his advocate’s statement. “There was a mutual suggestion by the council, since the matter was taken up in Supreme court, to extend my custody. But I advised my council to oppose this application. “I have been questioned for 55 hours, more than 400 questions have been asked… if you look at the timing, every question has been answered promptly… same three files were shown to me again, and again, and again. Not one foreign bank account or evidence of money laundering have been found”.
Nataraj opposed this by accusing Chidambaram of non-cooperation and refusal to answer questions.
Special Judge Kuhar recapitulated the arguments. “Application seeking 5 days custody on the grounds of extensive documents on which interrogation was conducted. He (Chidambaram) was confronted with relevant documents and despite the best possible efforts, further time is required by CBI because of the peculiar approach and non-cooperativeness of the person. The remand order was challenged, but the accused is willing to cooperate till September 2, 2019.”
“The investigation is the prerogative of the Investigation Officer and more time is needed to confront Chidambaram with such a voluminous record in the case. In view of submission at the Bar, and facts and circumstances of the case, the remand is extended till September 2,” he said.
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