Indrani Mukerjea’s “voluntary act” of becoming an approver in the alleged INX Media corruption case, where her co-accused include former Union minister P Chidambaram, cannot be termed as a change of circumstance to grant her bail in the Sheena Bora case, a special court has said. In his detailed order, pronounced last week, made available on Tuesday, special Judge J C Jagdale, rejecting bail to Mukerjea, refused to take into consideration her submission that the CBI, in its own investigation in the INX Media case, has termed her conduct as “helpful and co-operative”. ”The opinion of investigating officer of CBI in that case that applicant/accused is very cooperative and her conduct is helpful in another case of CBI, cannot be ground to accept as change in circumstance in the present case,” the judge said. Mukerjea, whose bail was rejected for the fourth time, had made an application in February this year before the Delhi court seeking pardon in the INX Media case. Along with Mukerjea, her then husband, Peter Mukerjea, both of whom co-founded the media company INX, Chidambaram and son Karti were named as accused in the case by the CBI. The agency alleges irregularities in the Foreign Investment Promotion Board clearance given to INX Group for receiving overseas funds in 2007 when Chidambaram was the finance minister. Mukerjea’s plea seeking grant of pardon has been accepted and her confessional statement against her co-accused can be used as evidence against them. The special court in Mumbai, while rejecting Mukerjea’s bail plea, also said that the neurological conditions mentioned by Mukerjea to seek bail on medical grounds were also mentioned in her earlier bail plea. Mukerjea had submitted that her condition was irreversible and she would require immediate access to a medical facility in case of a major stroke, which can happen to her while lodged in jail. The court directed Byculla jail authorities to appoint staff for taking care of Mukerjea keeping in mind her condition daily. The court said the staff should inform the superintendent for immediate action. The court also said that if Mukerjea has doubts regarding her treatment or diagnosis at the government hospital, she should be allowed to avail treatment of private doctors or hospital within Mumbai at her cost and responsibility. She is also to be provided diet and medicines as per the advice of the medical officer. The court also accepted the CBI’s contention that important witnesses, including Rahul, Peter’s son from an earlier marriage, who was in a relationship with Sheena, is yet to be examined and could be tampered with if bail is granted. The court also said that Mukerjea is a “prominent person in the society” and at present has sufficient financial resources.
