The Supreme Court on Wednesday said it would consider a plea by Karti Chidambaram to quash the Lookout Circular (LOC) issued by the government, preventing him from travelling abroad, on October 9.
In a hearing before a three-judge Bench led by Chief Justice Dipak Misra, the CBI accused him of closing several bank accounts abroad when he came under the scanner of the probe agency.
Additional Solicitor-General Tushar Mehta submitted that the LOC was only issued to ensure Mr. Karti’s participation in the investigation on the alleged irregularities in the Foreign Investment Promotion Board clearance granted to INX Media. Mr. Mehta said the agency wanted to submit details of the investigation in a sealed cover, submitting that “what he did abroad is part of this sealed cover”.
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However, senior advocate Kapil Sibal, for Mr. Karti, took strong exception to the CBI handing over any such sealed covers, arguing that if the agency had proof, it should register an FIR rather than hand over to the Supreme Court such allegedly incriminating documents which may prejudice the court against his client.
Mr. Sibal also took strong exception to the CBI’s description of his client as an “accused”. Mr. Sibal said the LOC was issued without even a prior notice to him to appear before the CBI.
Mr. Sibal argued that the apex court should not accept any sealed cover reports from the CBI unless they were furnished to Mr. Karti also.
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The Bench then asked Mr. Mehta to lead arguments on the point whether an investigating agency could depend on information gathered during the course of investigation to justify an LOC without sharing the copies of the same details with Mr. Karti.
The court said it would hear the law officer on October 9, and further decide if it was necessary to send the petitions against the LOC to be sent back to the Madras High Court to be heard by a Division Bench.