The high court also issued notice to the Enforcement Directorate (ED) and sought its response on Chidambaram’s petition challenging the trial court’s order taking cognisance of the chargesheet filed by the agency against him and his son Karti in the money laundering case.
“Notice issued. Till the next date of hearing, the proceedings against the petitioner shall remain stayed. List on January 22,” Justice Manoj Kumar Ohri said, adding that he will pass a detailed order later.
Senior advocate N Hariharan and lawyers Arshdeep Singh Khurana and Akshat Gupta, representing Chidambaram, contended that the special judge took cognisance of the chargesheet for the alleged offence of money laundering in the absence of any sanction for prosecution of the former Union minister who was a public servant when the offence was allegedly committed.
The ED counsel raised a preliminary objection on the maintainability of the petition and submitted that the sanction for prosecution was not required in this case as the allegations pertain to Chidambaram’s actions that have nothing to do with his official duties.
As interim relief, Chidambaram has also sought a stay on the proceedings before the trial court.
The trial court on November 27, 2021, took cognisance of the chargesheets filed by the CBI and the ED against Chidambaram and Karti in the Aircel-Maxis case and summoned them on a later date.
Chidambaram’s counsel said obtaining sanction for prosecution under Section 197(1) of the Code of Criminal Procedure (CrPC) is mandatory and the ED has not obtained it till date to prosecute the Congress leader.
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