Senior Congress leader P Chidambaram has challenged a special court’s decision to take cognizance of the Enforcement Directorate’s (ED) chargesheet against him and his son, Karti Chidambaram, in the Aircel-Maxis case. The Delhi High Court, presided over by Justice Manoj Kumar Ohri, adjourned the next hearing to November 20. The special court is also scheduled to hear the case on the same day.
Chidambaram’s lawyer argued that the special court ignored the mandatory approval from the concerned authority before prosecuting him, as he was a public servant at the time. The ED’s lawyer countered, claiming that no such approval was needed since the charges were unrelated to Chidambaram’s official duties.
Approval Debate in Aircel-Maxis Case
The High Court sought clarification on whether approval for prosecution was obtained. The investigating agencies stated it was unnecessary. The ED’s counsel argued that even if approval were required, the absence of it is a rectifiable issue. However, senior advocate N Hariharan, representing Chidambaram, maintained that obtaining approval is legally mandatory.
Allegations of Irregularities in FIPB Approval
The Aircel-Maxis case involves alleged irregularities in the Foreign Investment Promotion Board (FIPB) approval granted in 2006. Chidambaram, then the Union Finance Minister, is accused of exceeding his jurisdiction to approve the deal, benefiting specific individuals and facilitating bribes. The special court had previously taken cognizance of chargesheets filed by both the CBI and ED on November 27, 2021.
Chidambaram has sought an interim stay on proceedings in the special court until the High Court concludes its hearing.
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