SC allows Congress MP Karti Chidambaram to travel abroad

The Supreme Court Tuesday allowed Congress MP Karti Chidambaram, who is facing allegations in criminal cases which are being probed by the Enforcement Directorate (ED), to travel abroad later this month.

A bench headed by Justice A M Khanwilkar said the applicant is allowed to travel abroad on the same terms and conditions as imposed earlier by the court and he shall comply with all the formalities referred to in that order.

Senior advocate Kapil Sibal, appearing for Chidambaram, told the bench about Karti's application seeking permission to travel abroad.

Solicitor General Tushar Mehta, representing the ED, told the bench, also comprising Justices Dinesh Maheshwari and C T Ravikumar, that he has no objection and the applicant may be allowed to travel abroad subject to the terms and conditions earlier imposed on him by the court. “It is agreed that the applicant may be allowed to travel abroad on same terms and conditions... In other words, the applicant shall comply with all the necessary formalities referred to in the stated order,” the bench observed.

Sibal referred to the October 25 last year order of the apex court which had allowed Chidambaram to travel abroad saying he shall abide by the terms specified earlier by the court in February and would deposit Rs 1 crore.

Meanwhile, the apex court continued hearing Sibal’s submissions on a batch of plea concerning interpretation of certain provisions of the Prevention of Money Laundering Act (PMLA).

Sibal, who is appearing for some petitioners in the matter, told the bench that the central feature of any criminal justice system is the “oversight” by the judiciary and that is the “heart” of protection under Article 21 (protection of life and personal liberty) of the Constitution “So, central to investigation is the oversight of the judiciary and that element is missing in the PMLA,” he told the bench during the arguments, which would continue on Wednesday.

Sibal also argued on the issue related to Section 50 of the PMLA which relates to power of the authorities regarding summons, production of documents and to give evidence.

The apex court had last week observed that it needs to have a “holistic approach” on the issues raised in these pleas. While arguing the matter earlier, Sibal had referred to the provision of PMLA and said one of the questions which has to be considered by the apex court is can there be a procedure in law, where a criminal proceeding can be started against an individual without informing him as to what is against him.

Sibal had argued that the issue of an individual being called without telling him whether as an accused or a witness is another aspect that the court will have to examine in the matter.

The Solicitor General had earlier told the bench that there are over 200 petitions in the matter and interim stays have been granted in several serious cases due to which investigation has been affected.

Some of these petitions have challenged the validity of certain provisions of the PMLA.