New Delhi, Oct 10 (PTI) The Supreme Court today said itwould peruse tomorrow the documents provided in a sealed coverby the CBI which has tried to nail Karti Chidambaram, son offormer Union Minister P Chidambaram, about his foreign bankaccounts and properties.
The CBI told a bench headed by Chief Justice Dipak Misrathat the documents contained "contemporaneous records",including the details of foreign bank accounts and propertiesof Karti, and the top court should look into it.
The CBI FIR, lodged on May 15, had alleged irregularitiesin Foreign Investment Promotion Board (FIPB) clearance to INXMedia for receiving overseas funds to the tune of Rs 305 crorein 2007 when Karti's father was the Union Finance Minister.
Additional Solicitor General Tushar Mehta, appearing forCBI, questioned Karti's affidavit filed in the court and said"it would be a travesty of justice if this court does not lookinto the sealed cover and see whether my statements of factsare correct or not".
Senior advocate Kapil Sibal, representing Karti, opposedCBI's submissions and said these documents cannot be a part ofthe case diary and if the court looks into it, then thesematerials should also be shown to him.
When Mehta alleged that Karti's affidavit contained"false averments" about his foreign bank accounts, Sibal shotback saying, "let him show these documents. Let him show if I(Karti) have opened any other bank account abroad with my(Karti) signature".
After hearing the submissions, the bench told Mehta, "youshow us the documents tomorrow".
At the outset, Mehta told the bench, which also comprisedJustices A M Khanwilkar and D Y Chandrachud, that the courtshould see the documents in sealed cover along with theaffidavit filed by Karti.
Sibal, however, said that Karti had disclosed the factsin his affidavit and he had nothing to do with thetransactions as alleged in the CBI's FIR.
"The alleged bribe of Rs 10 lakh has not come to me(Karti). FIPB approval has nothing to do with me. I am not ashare holder in these companies. This has nothing to do withthe opening of bank accounts abroad," he said.
He said Karti wanted to go abroad as he had to get hisdaughter admitted at the Cambridge University and the look outcircular (LoC) was issued when Karti was abroad and he hadthereafter returned to India.
Mehta opposed the submissions and said the question waswhether the person can be "trusted" to go abroad.
"The fact that there is resistance is a good ground tolook into these documents," he said, adding that duringquestioning, Karti had said he has one bank abroad but in hisaffidavit he has said that there were two foreign accounts.
Sibal rebutted the submissions and said the issue beforethe court was about the LoC and not about the bank accounts.
He also alleged that when Karti had gone abroad earlier,he had to close his account there as there was pressure on thebank to close it.
"I (Karti) am a politically exposed person and the bankfinally closed that account, so I (Karti) went there towithdraw the money," he said, adding that CBI had neverquestioned him about his foreign bank account.
However, the bench observed, "the ASG is saying thesedocuments are related to the FIR. How can we deny him theright to place it before the court?"The bench also told the CBI that the question was whetherKarti could be allowed to go abroad.
Mehta claimed that there was a "money trail" in thematter and several companies and their owners were involved.
"The LoC has a direct link with tampering of evidence," hesaid, adding, "tampering is the most potential apprehensionthat we have".
The bench made it clear to the CBI that it would examinewhether the documents in the sealed cover were connected toKarti or not.
The agency had earlier claimed that Karti had "tampered"with evidence relating to an alleged graft case against himduring his visits abroad in the months of May, June and Julythis year.
The top court is hearing CBI's appeal challenging MadrasHigh Court order staying the government's LoC against Karti inthe alleged graft case.
On September 1, the CBI had told the top court that therewere "good, cogent" reasons for issuing the LoC against Karti.
On August 18, the court had asked Karti to appear beforethe investigating officer at the CBI headquarters here forquestioning in the case.
Before this, the apex court had said that Karti would notbe allowed to leave India without subjecting himself toinvestigation in the case. The court had then stayed the highcourt order putting on hold the LoC against Karti.
The FIR was registered on May 15 before the special CBIjudge here and the registration of the case was followed bysearches at the residences and offices of Karti and hisfriends the very next day. PTI ABA MNL SJK RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.