Former Union Finance Minister P Chidambaram has petitioned the Delhi High Court, contesting the legitimacy of the money laundering charges framed against him in the INX Media case. Chidambaram’s legal team argues that the trial court erroneously took cognizance of the chargesheet without the requisite sanction to prosecute him under the Prevention of Money Laundering Act (PMLA).
Senior Counsel N Hariharan, representing Chidambaram, emphasized that at the time the alleged offences were committed, Chidambaram was a public servant, thereby necessitating sanction for prosecution as per the provisions of the Criminal Procedure Code (CrPC) and the PMLA. The trial court’s oversight in not securing this sanction before proceeding, they argue, invalidates the cognizance of the charges.
The case, which has been under scrutiny since the CBI’s initial filing on May 15, 2017, involves allegations of irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to INX Media during 2007, coinciding with Chidambaram’s tenure as Finance Minister. The clearance allegedly facilitated an influx of Rs 305 crore from overseas funds.
Chidambaram faced arrest by the CBI on August 21, 2019, in connection with the INX Media corruption case and subsequently by the Enforcement Directorate (ED) on October 16, 2019, for related money laundering charges.
Arguing before Justice Manoj Kumar Ohri, who is set to hear the case on November 28, Hariharan, alongside lawyers Arshdeep Singh Khurana and Akshat Gupta, stated that the trial court’s decision on March 24, 2021, to take cognizance of the ED’s chargesheet without prior sanction was procedurally flawed. The plea submitted by Chidambaram’s counsel seeks not only to quash the cognizance but also all consequential proceedings related to the charges.
This legal move follows a recent success for Chidambaram in the Delhi High Court, where proceedings against him in the Aircel-Maxis case were stayed following a similar challenge regarding the chargesheet’s cognizance by the ED.
