CBI challenges order to supply docs, HC asks Chidambaram to respond
NEW DELHI: The Delhi High Court on Friday sought a response from Congress leader P Chidambaram, his son Karti Chidambaram and other accused in the Aircel-Maxis case on a plea by the CBI challenging a trial court’s order directing the agency to supply un-relied upon documents to them.
Justice Swarana Kanta Sharma issued notice on the CBI’s petition and granted the Chidambarams and others one week to file their replies.
The high court, which was informed that the case is listed before the trial court on January 18, fixed the plea for further hearing on January 11, 2024.
The CBI, represented through senior advocate Sanjay Jain, said the special judge had taken cognisance of the charge sheet on November 27, 2021 and issued summons for the appearance of all the accused. On January 20, 2022, the trial court had directed the CBI to file a list of un-relied upon documents before the court and supply copies of the same to the accused.
“Accordingly, a list of 67 un-relied upon documents was filed by CBI on February 18, 2022 and copies of the same were supplied to the accused persons. Applications were filed under section 207 CrPC by the accused persons for supply of un-relied upon documents. Special judge vide order dated March 5, 2022 directed CBI to supply all un-relied upon documents as sought by the accused,” the CBI counsel said.
The agency challenged the March 5, 2022 order and contended that the trial court had erred in observing that the CBI is obliged to supply all un-relied upon documents to the accused.
“The provision of Section 173(5) of CrPC makes it incumbent upon the investigating agency to forward/ transmit to the court all documents on which the prosecution proposes to rely upon during the course of trial, other than those already sent to the magistrate during investigation,” it said.
The CBI said the case involves a high level of corruption with wide ramifications for society, and while the accused have a right to fair trial, the collective interest of the society cannot be impinged upon.
The case relates to alleged irregularities in the grant of Foreign Investment Promotion Board (FIPB) approval to the Aircel-Maxis deal. The approval was granted in 2006, when Chidambaram was the finance minister.
