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This is an archive article published on March 15, 2018

INX Media money laundering case: SC protects Karti Chidambaram from arrest by ED till March 26

The apex court also transferred to itself the matter pending before the Delhi High Court keeping in view that several high courts in the country have given conflicting views on the interpretation of section 19 of the Prevention of Money Laundering Act (PMLA) which relates to ED's power to arrest an accused.

INX Media money laundering case: Supreme Court protects Karti Chidambaram from arrest by ED till March 26 Karti Chidambaram. (Express Photo: Ganesh Shirsekar)

The Supreme Court on Thursday extended interim protection from arrest granted by the Delhi High Court to Karti Chidambaram, son of former finance minister P Chidambaram, in the INX Media money laundering case till March 26.

The apex court also transferred to itself the matter pending before the Delhi High Court keeping in view that several high courts in the country have given conflicting views on the interpretation of section 19 of the Prevention of Money Laundering Act (PMLA) which relates to ED’s power to arrest an accused.

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A bench headed by Chief Justice Dipak Misra said it would hear the matter on March 26 and the top court would answer the question regarding the interpretation of section 19 of the PMLA. The apex court’s order came hours after the high court extended Chidambaram’s protection from arrest in the ED case from March 20 to March 22.

The Enforcement Directorate (ED) had on Tuesday approached the Supreme Court against the Delhi High Court order granting Karti interim protection from arrest in connection with the case.

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The agency, in its petition, is learnt to have said that the high court should not have granted the relief to Karti on a petition filed under Article 226 (which deals with the power of high courts to issue certain writs). The ED also pointed out that over a thousand cases were being probed by it across the country and the Delhi High Court order was likely to impact these as the accused in those cases might want similar relief.

Karti had earlier approached the top court with a petition challenging ED proceedings against him under Prevention of Money Laundering Act (PMLA) in the case. The apex court declined to grant any interim relief but allowed him to withdraw the plea and approach Delhi High Court.

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On March 9, the high court asked ED not to arrest Karti, who is in CBI custody in the case — in case he gets bail in the CBI case —till it heard the matter next. Granting him the relief, the court said it was yet to decide the constitutional validity of Section 19 of PMLA which deals with the ED’s power to arrest.

(With PTI inputs)

 

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