P Chidambaram’s Kafkaesque conviction: no charge sheet, no evidence, no trial and no bail 

What is the ‘Chidambara Rahasya’?  This is what senior advocate Kapil Sibal wanted to know.

Why is his client being denied bail?  Arguing on behalf of the veteran Congress leader and former Union Minister P. Chidambaram, Sibal exclaimed:  What is this Trump Card which nobody can understand? What is this great ‘Chidambara Rahasya”! Is this all the courts can do? Is that why no bail can be granted?’

This may sound a bit incoherent. But what else is there for the lawyers to say? After so many hearings and so many arguments based on logic and lucidity, their client is still languishing in Tihar Jail.

The INX Media case has become something of a unicorn case, where a very well known 75-year-old citizen of renown has been kept in captivity continuously for over three months for no convincing reason. No doubt serious charges have been leveled against him. But he has not been put on trial yet.  The dictum of “Innocent until proven guilty” evidently does not apply to P. Chidambaram.

The defense lawyers have covered all the legal grounds, cited numerous precedents, pleaded health concerns. They have pinpointed perceived lacunae in the prosecution case.  Repeatedly, time and time again.  But all to no avail.

Meanwhile, Chidambaran has scored a century.  Wednesday was his 99th day behind the bars.  Thursday the 100th.

Kapil Sibal tried another approach.  He reminded the court that many years ago, in 1978 there was a sensational kidnapping and murder of the Chopra children in which two despicable criminals Billa and Ranga were found guilty and sent to the gallows.

Sibal's point was:  Chidambaram is not Billa and Ranga.  "The Delhi High Court has denied my client bail because – according to them -  his release would send a wrong message to the public.  As if he is some dangerous murderer like Ranga and Billa".

So absurd was the comparison that it evoked laughter in the courtroom with even Justice Banumathi smiling.  The bail plea is  being by a three-judge Supreme Court Bench comprising Justices R Banumathi, AS Bopanna and Hrishikesh Roy.

Having extracted at least some reaction, Sibal tried to press his advantage.  The charges in the INX Media case against Chidambaram, he said,  have a maximum punishment of seven years.  It is not a life term case or capital punishment matter.

And, moreover,  not a shred of credible evidence had been submitted by the prosecuting agency, the Enforcement Directorate. “Not a single email, not one SMS, not one incriminating document has been furnished that connects him to anything”.

"All the others mentioned as accused in the case, are out on bail.  But my client is in jail for 99 days only because he has been called the 'kingpin'”.

Even a so-called kingpin is entitled to bail.  The Triple Test was applied and the High Court itself agreed that he had passed the test.  He is not a i) flight risk, ii) cannot tamper with evidence and iii) cannot not influence witnesses.  Yet bail is not being granted.

The ED has not even interrogated him for the last 41 days.  The last statement recorded was back in 2018.  “All they want is to keep him inside for as long as possible.  That's the idea. Why?  Nobody knows.  It is a mystery, a great Chidambara Rahasya”.

Even the Delhi HC judgment was a cut and paste job.  The ED's counter affidavit was lifted word for word, para by para and it became the judicial pronouncement.

Chidambaram, who has now been sent to judicial custody for a further time till December 11, was also defended by Abhishek Manu Shingvi.

He argued that “Unless there are certain extraordinary circumstances, bail cannot be denied on the ground of gravity of offence. Such an extraordinary case could be when accused is a habitual offender, a terrorist or a child molester and not a case like this. Otherwise the merits of the case are not looked at at the bail stage”.

"It's been 99 days", Singhvi said,  but nothing in the FIR, ECIR, or any documents shows Chidambaram receiving any money or opening any company.  The gravity of an offence can only be determined by looking at the length of sentence. There is a distinction in Indian criminal law in the way we treat offences punishable with less than 7 years imprisonment and those punishable with more than 7 years.

The bail plea hearings will continue on Thursday.  The Chidambara rahasya remains unresolved.

Meanwhile,  Congress leaders Rahul Gandhi and Priyanka Gandhi Vadra met Chidambaram in Tihar Jail to express solidarity.  On November 25,  Shashi Tharoor and Karti Chidambaram had also called on Chidambaram to give him solace.