The Central Bureau of Investigation (CBI) on Monday told the Madras High Court that the Look Out Circular against Karti P. Chidambaram was issued since there was an apprehension that he would flee the country. The agency also cited the case of businessman Vijay Mallya who had flown out of India and against whom extradition proceedings have been initiated.
Additional Solicitor General G. Rajagopalan informed the court of Justice M. Duraiswamy that the government was enforcing the guidelines for look out circulars, issued on October 27, 2010, when Mr. Karti’s father P. Chidambaram was Union Home Minister.
The CBI has accused Mr. Karti of having received commissions via a company associated with him to scuttle a possible probe by the Department of Revenue into allegations against INX Media, then owned by Peter and Indrani Mukerjea. “After the Mallya experience, the government requested [Bureau of] Immigration to open a file to make sure that those being investigated do not leave the country,” said Mr. Rajagopalan.
The court was hearing arguments on Mr. Karti’s petition that the Ministry of Home Affairs’ Foreigner Regional Registration Officer be directed to recall the look out circular against him.
The ASG said that it would be withdrawn if Mr. Karti gave an affidavit saying that he would not travel abroad.
Mr. Justice Duraiswamy accepted the petitioners’ plea and passed an interim order allowing Mr. Karti Chidambaram access to the circular.
The ASG had informed the court that the CBI had deemed the document, “Confidential and cannot be revealed to the respondents.”
But Mr. Justice Duraiswamy said: “They are entitled to a copy of the circular. This is not fair on the respondents.”
Summons challenged
Mr. Rajagopalan said the look out circular (LOC) against Mr. Chidambaram was issued after he failed to appear before investigating agencies despite two summons. “If he [had] appeared before the investigating agency, this question will not arise....Having not appeared, no discretion should be shown to the petitioner,” he said. Mr. Rajagopalan added that the “clock cannot be put back” once an accused has fled the country. “Ensure he appears, this will go,” he said.
Senior advocate Satish Parasaran, appearing for Mr. Karti, said that his client had responded through his lawyers to the first summons and had legally challenged the second. “On such an assumption, will look out circulars be issued against every FIR?” he asked.
