Centre wants HC to review order in favour of Chidambaram’s kin

Appeals against furnishing copies of sanction order in advance to the accused

June 19, 2018 01:19 am | Updated 07:57 am IST - CHENNAI

Nalini Chidambaram

Nalini Chidambaram

The Centre has urged the Madras High Court to review its order passed on June 12 directing Income Tax officials to furnish copies of administrative orders through which sanction was accorded to launch prosecution against former Union Minister P. Chidambaram’s wife Nalini Chidambaram, son Karti P. Chidambaram and daughter-in-law Srinidhi Karti Chidambaram under the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act of 2015.

In a review petition filed jointly by the Centre as well as the Principal Director of Income Tax (Investigation), the petitioners claimed that the sanction orders had been filed before the Chief Metropolitan Magistrate court at Egmore here, where a complaint was lodged under the 2015 enactment and that the former Minister’s family members could obtain the documents from the court after summons were issued to them in accordance with the Code of Criminal Procedure.

The review petition, filed through senior standing standing counsel A.P. Srinivas, stated that copies of the sanction orders as well as the complaints filed by the I-T department would be served on the family members when they appear before the Magistrate after the issuance of summons.

‘Prejudiced’

In an affidavit filed in support of the petition, Principal Director Susie Babu Varghese said the department would be prejudiced if the family members were given copies of sanction order in advance.

“The department is filing complaints against several persons and therefore, the department would be severely prejudiced if advance copies are given to the accused. The department is having a good case on merits. The balance of convenience is in favour of the review petitioners. Therefore, it is respectfully prayed that this honourable court may be pleased to stay the order dated June 12, 2018 pending disposal of the review petition and thus render justice,” the officer’s affidavit read.

The I-T department had invoked the Black Money Act with respect to a property purchased by the petitioners jointly at a cost of £ 5.35 lakh at Cambridge, UK.

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