New Delhi [India], January 10 : Delhi's Rouse Avenue court has instructed the Central Bureau of Investigation (CBI) to provide Karti Chidambaram with a three-day prior notice if they intend to arrest him in connection with a fresh case of corruption.
The fresh case filed by the CBI alleges that Chidambaram provided favourable treatment to Diageo Scotland, an alcoholic beverage company, by intervening to lift a ban on the duty-free sale of its whisky.
The court emphasized that Section 35(3) of BNSS (41A CrPC) must be fully adhered to. Karti Chidambaram had approached the court expressing concerns about a potential arrest in the ongoing case.
However, the applicant shall join the investigation of the case upon his return to the country and co-operate in the process of investigation, as and when so required in accordance with law, said the court.
The court observed that, based on the FIR, the current case was filed following a complaint lodged by CBI, on December 30, 2024. This complaint stemmed from a preliminary inquiry initiated on June 29, 2018.
The applicant has not been called to participate in the preliminary inquiry thus far. The alleged offences are said to have occurred between 2004 and 2010, with all charges carrying a maximum sentence of up to seven years of imprisonment.
The court further noted that in light of the CBI's submissions, the Senior Counsel for the applicant requested that the current application be disposed of, with the liberty for the applicant to file an appropriate application under the relevant statutory provisions if needed in the future. Additionally, it was urged that the investigating agency be directed to provide a three-day notice before arresting the applicant, should his arrest be necessary after he joins the investigation upon his return to the country.
"I have considered the submissions made. The law, as established by the Supreme Court regarding the mandatory requirement of issuing a notice under Section 35(3) of BNSS (which corresponds to Section 41A Cr.P.C.), is unequivocally binding on the Investigating Agency and must be adhered to rigorously. Furthermore, as previously stated, it has been clarified that the Investigating Agency has not opened any Look Out Circular (LOC) against the applicant," said Special Judge Kaveri Baweja.