The Delhi High Court put a temporary hold on trial court proceedings against senior Congress leader P Chidambaram in the Aircel-Maxis money laundering case. The case was filed by the Enforcement Directorate (ED), which also named Chidambaram’s son, Karti, in its chargesheet.
Justice Manoj Kumar Ohri directed the ED to file its response to Chidambaram’s petition against a trial court decision taking cognisance of the chargesheet. “Notice issued. Till the next date of hearing, the proceedings against the petitioner shall remain stayed. List on January 22,” Justice Ohri said while adding that he would also deliver his detailed order later.
Arguing on behalf of Chidambaram, senior advocate N Hariharan and lawyers Arshdeep Singh Khurana and Akshat Gupta contended before the court that the trial court had committed an error in taking cognisance of the chargesheet without obtaining the mandatory sanction for prosecution under Section 197(1) of the Code of Criminal Procedure (CrPC).
The protection granted under Section 197(1) CrPC runs in favor of the petitioner. The special judge was wrong to take cognisance of the offence without previous sanction by the ED,” Chidambaram’s plea stated.
Chidambaram further requested interim relief through a stay on the proceedings pending in the trial court that have already been scheduled for the consideration of charges.
The ED, however, argued that no sanction was necessary as the charges pertain to activities unrelated to Chidambaram’s official duties as Union finance minister when the alleged offences were committed.
The agency had earlier argued that it had prima facie evidence for the trial court to summon Chidambaram and others, including his son Karti, in corruption and money laundering cases related to the Aircel-Maxis deal.
The charges against him result from alleged irregularities in the approval of the Aircel-Maxis deal by the FIPB way back in 2006 when Chidambaram was the finance minister. According to both the ED and the CBI, he had given FIPB approval far in excess of his authority, benefiting certain individuals and getting kickbacks.
The trial court had taken cognisance of the ED and CBI chargesheets in November 2021 and summoned Chidambaram and other accused. The prosecution complaints, filed in June and October 2018, alleged violations under the Prevention of Money Laundering Act (PMLA).
Temporary reprieve for Chidambaram as the high court grants stay over the legal battle. The matter will now be heard on January 22.
