INX Media case: Chidambaram sent to judicial custody till November 13

“Article 21 of the Constitution of India and section 161 (2) of the CrPC, confers such a right on an accused to maintain silence,” the judge said.

The ED’s seven-day custodial interrogation ended Wednesday. The 74-year-old Congress leader has already been in the ED’s custody for 14 days since his formal arrest on October 16.

“No doubt the interrogation is the prerogative of the investigating officer but at the same time the provisions in Section 167 CrPC for 15 days police/ED custody is not a ritualistic formality which is to be completed in all the cases necessarily sans justification,” the judge said.

It further observed that the perusal of the case diary — from October 25 to 29 — would show that the accused has been confronted with some documents and e-mails. “But as per the submission of the Solicitor General (Tushar Mehta), some more documents still remain to be shown to the accused. I think this exercise can be done as well while the accused would be in judicial custody,” the court said.

“I do not see any justified ground to extend the remand of the accused in ED custody…” the special judge said, adding that the Tihar jail authorities shall provide “adequate security to the accused considering that he is a protected person”.

“He may be allowed to carry his prescribed medicines. It shall be ensured that the accused is medically examined for his illness at the jail hospital and if required, in any multidisciplinary hospital like RML Hospital, Safdarjung or AIIMS Hospital,” Judge Kuhar ordered.

The court allowed Chidambaram to carry his spectacles and asked authorities to provide him the facility of western toilet. It said that the leader should also be allowed home-cooked food inside jail, considering his medical condition.

“However, the home food shall be delivered in the office of Superintendent, Central Jail, Tihar, who shall provide the same to the accused after necessary security checks,” the order reads.