New Delhi, Oct 11 (IANS) The Supreme Court on Wednesday said that it would decide whether the documents submitted by the CBI in a sealed cover could be relied upon in deciding the validity of the lookout circular issued against Karti Chidambaram, son of former Union Finance Minister P. Chidambaram.
The court said it would also decide whether these documents, that the Central Bureau of Investigation is saying were only for the court to see, could be given to Karti Chidambram, facing a CBI probe for his alleged role in facilitating the 2007 Foreign Investment Promotion Board (FIPB) clearance for INX Media Ltd when his father was the Finance Minister.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y Chandrachud fixed November 1 for the hearing of the matter.
Senior counsel Kapil Sibal, appearing for Karti Chidambaram, told the court that the documents given to the court in a sealed cover were part of the case diary and could not be relied upon as evidence in deciding the validity of the lookout notice.
Citing sub-section 2 of the Section 172 of the Code of Criminal Procedure, he cited a top court judgment which said that a case diary could not be given by the investigating officer to the court for the adjudication of the issue and it was the court alone who could call for it.
The provision says that any criminal court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
Urging the court to decide on the larger issue, Sibal said that he has instruction from Karti Chidambaram that his application for permission to go abroad could be put on hold till the issue was decided.
Karti Chidambaram has sought the court’s permission to travel abroad, from October 19 to November 13, for the admission of his daughter to the Cambridge University.
The CBI has opposed the plea saying it has serious apprehensions that he would tamper with evidence during his overseas stay.
It had earlier told the court that it had issued lookout circular against Karti Chidambram, so that he does not leave the country pending investigations.
In the course of the hearing on Tuesday, Sibal had urged the court to show it the documents that investigating agency has submitted to court in sealed cover in support of its case for the continuation of the lookout notice.
He wondered how the investigating agency is showing some documents to the court to support its case for the continuation of lookout notice, without Karti Chidambran getting a right to see them and address the court on them.
The CBI has contended that these documents could not be given to Karti Chidambram as they relate to the ongoing investigations against him.
Karti Chidambram in an affidavit before the top court on Monday (October 9) had said that he has just one overseas bank account and an asset as he denied the CBI allegation that he holds multiple foreign bank accounts and also undisclosed assets.
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