The Supreme Court on Monday stayed the Madras High Court order that had stayed the implementation of the Lookout Circular (LoC) issued to the former finance minister P Chidambaram's son.
Karti Chidambaram will not be allowed to leave the country unless he joins the probe investigating allegations of irregularity against him. The Supreme Court on Monday stayed the Madras High Court order that had stayed the implementation of the Lookout Circular (LoC) issued to the former finance minister P Chidambaram's son.
The apex court urged Karti to "cooperate and participate" in a corruption case where his company INX Media allegedly paid kickbacks to officials in the finance ministry for obtaining clearance from the Foreign Investment Promotion Board (FIPB).
"Our business is only one. You must go for the investigation. How will it be if people of this country do not respond to investigations against them?" CJI Khehar observed. "As of now, do not leave the country till you participate in the investigation. That's all," the bench added. CJI Khehar contended that his decision arose from previous 'bitter experiences.' He was referring to the Aircel- Maxis case where he allowed the accused businessmen to leave the country only for them to ignore summons.
"We have had the bitter experience of allowing people to go abroad and they never come back... You (Karti) first show us your bonafide by going to the investigating officer," the top judge said in response to senior advocate Gopal Subramanium's plea. Subramanium had submitted that Karti had already booked his tickets for the UK on August 16 and would return later in the month.
However, the Centre who had approached the top court in the morning seeking to quash the HC order said that the intent and language of the LOC was not to detain or arrest Karti. Representing the CBI, Additional Solicitor General Tushar Mehta said the circular was issued a day after the FIR was registered (on May 15) in order to ensure that he (Karti) did not leave the country when the investigation of a "serious offences" was going on.
Mehta submitted that in the course of preliminary investigation, money was routed to companies - allegedly owned by Karti, outside the country. Various documents indicating property papers outside the company was also recovered during the searches.
"The question you have to consider here is when do you really interfere with the right of a citizen to travel... It is only when somebody is a fugitive. My client was sitting in the same courtroom as the investigating officer during the case hearing. He has his father here. He has a daughter. His family is here," Subramanium said strongly objecting to the LoC.
Subramanium pointed out that even though the FIR was registered on May 15, search warrants were issued the next day. Karti was then issued a notice on June 15 to appear before the investigating officer on June 29, however, even before he could meet the officer, the LoC was issued on June 16.
"We are not on the issue whether he is guilty or not. We are on a very small issue. Have you participated and co-operated with the investigating officer? The answer is 'no'," the bench said.
"And what is wrong with an LOC on the next day? The CBI is conducting an investigation. They do not want to take the chances of a man becoming a fugitive... the LOC does not say they will arrest you. They just do not want you to travel out of the country."
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