My Law Associates Blog

IS ANYBODY CLEAN HERE

by Mohanavadivelan S , SEP 01, 2019

CBI's sudden rage is unimaginable and not understandable too in arresting the iconic ex-central minister from Tamilnadu (Finance & Home) and one of the towering personality of India, Mr.P.Chidambaram. Central Bureau Of Investigation as it is called by the powers that be which used it,while Caged Bird of India as fondly called by the opposite parties which are at the receiving end at hands of it.


A different dog it is altogether which obeys the commands of whoever has the leash in his / her hands.Strange. Every political party which was in power in central government watered the thorn for the sake of roses. The same Mr.P.Chidambaram during his good old days,when he had the leash in his hands,whenever the CBI was criticized by the opposite parties in and out of the parliament would have said about it, "Boys would be Boys" respecting the acts of it in respect of opposite party people who suffered at it's hands.Now it is his turn to face the music. A case which was registered ten years ago,the investigation of which was at snail's pace for all these years,two of the accused arrested and were in judicial custody, deliberately let out on default bail, without even filing a challan by CBI,let alone filing of charge sheet,implications of high profile dignitaries such as Karti Chidambaram and Mr.P.Chidambaram on confession of an accomplice rather than on some incriminating documents unearthed by the CBI by scientific investigations capable of challenging the Scotland yard police,inducing the said Ms.Indirani Mukerjee with some promises mostly false, are all entirely makes it a shame on the said investigating agency. A big fish is caught with a big bait,so goes the saying. But Mr.P.Chidambaram was caught very cheaply,irks many. Had it been the quest of the agency to unearth the truth to win the case at any cost under the sun, how come the two of the accused obtained default bail and gone out of the custody of the CBI.,How come the junior and senior Chidambarams were arrested so late.why they have not been arrested together and inquired. Wouldn't it have happened that those who were out on bail early including the Karti Chidambaram,tampered with the witnesses and the evidences?.What will the arrest of Mr.Chidambaram do with the investigation when all the precautions have been taken by them knowing the shape of investigations already and the questions that would be posed by the investigation officer.It gives credence to the allegations that it is none other than a political vendetta and the height of criminal intimidation advertised at the behest of someone pulling the strings, to those who intend to breach the line marked by the government,with the threat of raids,arrest and jail with the help of the caged parrot,the CBI.

It is quiet absurd that the CBI or any other investigating agency for that matter ask the question at the first instance on seeing an accused, why you gone to a lawyer?,why you filed an anticipatory bail?,Who is that advocate and how you know him? and how much fee he charged?, without knowing that it is his or her constitutional right to get legal advice from a lawyer and equally none of their business.The twenty questions which were published in a section of the press as were asked to Mr.P.Chidambaram also contained a few in line with the aforesaid, looking foolishness personified.The question paper was already leaked one as three accused already came out on bail and so Mr.P.Chidambaram wouldn't have any difficulty in answering them as they have already trained him to the core.How could CBI get favourable answers for the questions already leaked and say Mr.P.Chidambaram of non cooperative. It seems the order to the anticipatory bail application moved by Mr.P.Chidambaram and kept pending for so long by the Delhi High Court was prepared and circulated by the CBI,to the said High Court,for any advocate of reasonable standing would very well know that during the hearing of argument upon an application for anticipatory bail,the court would not travel into the merits of the case but should consider only these few points.Such as whether the accused is an old person or of tender age,women,sick,infirm or extremely weak ,whether the case alleged against the accused is motivated,whether the police is malafied and fabricated a false case,whether alleged FIR do not constitute an offence and if there is any delay in lodging the FIR,whether the accused is habitual offender,previously convicted or not,would he abscond,contents of the FIR,is the accused has been nominated in the FIR,role of accused,nature of allegation against him,evidence,relation of accused and the complainant etc,are the points that could influence any court while they consider the anticipatory bail applications of any accused and not the course taken by the Delhi High Court,dismissing the petition of Mr.P.Chidambaram stating that he is the kingpin of the scam itself,which is beyond the limit of the judge, touching upon the merits of the case,who observed unnecessarily, unwanted things too, which is unbecoming of a judge of a High Court.It gave rise to the thoughts of the government in touch with the judicial process out of political compulsions and the developments that followed of the said Judge becoming the head of the PMLA tribunal augmenting it without doubt. The acts of dissatisfaction of the Central government was on display through the CBI on the night ,when Mr.P.Chidambaram was arrested.

Scaling the heights of the compound wall by the officers of the CBI,entering his house by force as if it was actually Osama Bin Laden who was there in their pursuit. It was a hapless former central minister in the erstwhile congress government,who was certainly not and definitely would not have followed the footsteps of Mallaiah,Nirav Modi,and the scores of others who were wantonly let go by the system. Ageless advice from some one who let go those out of the country, knowingly or otherwise seems to carry with him undeniable wisdom for generations, would have advised the men of CBI to capture the most wanted and the ever absconding Mr.P.Chidambaram at once. Even the notices served on him,gave him ridiculously very short period of time,like 24 hours to appear before the said agency denying him his right to react,which is unknown to Indian law. No one knows what point the Supreme Court wanted to drive home by denying an urgent hearing or in it's absence the interim protection to Mr.P.Chidambaram,

which it had given to some one a few days back without that case having been listed.Everything happened in his case seems to be unnatural or gave an impression that some one in the helm is responsible for the same.Not always but of the late everyone in the country would be free to get themselves convinced following this incident that all are equal before the law but a few may also be compelled to think that there was discrimination among equals,too. Both are right in their own perspective and it is written on the wall as well. Arrest of this magnitude was unnecessary.No where in the penal laws of our country,it was stated,arrest them at the first instance.It may be true for the unknown on whom the police or any investigating agency could not lay their hands,if not acted immediately and let them go.But if they are sure that someone has hailed from a respectable family,law abiding,renders cooperation in the investigations--not the one expected by the CBI ,always to accept and endorse their view--has roots in the society,and has no bad antecedents, arrest is absolutely not necessary.It is for sure that Mr.P.Chidambaram has all of these qualities in abundance though but ceased to be in the good books of the government any more, it seems.Certainly this arrest doesn't seem to be for this case alone,but to prove this to Mr.P.Chidambaram "what you give,you get ten times over". It must be in the mind of Mr.P.Chidambaram, how Maran brothers could evade arrest at the hands of the same CBI,so far so magnificently and brilliantly and is it not the same CBI that was after Maran brothers?. It seems CBI stands for central bureau of imaginations, who picks and chooses it's victims according to the whims and fancies of the one under whose control it functions.It is the story of pot calling the kettle black on all sides.Bad luck Mr.Clean