The Supreme Court on Wednesday said that it would decide whether the documents submitted by the CBI could be relied upon in deciding the validity of the lookout circular issued against Karti Chidambaram, son of former Union Finance Minister P. Chidambaram.
The court said it would also decide whether these documents, that the Central Bureau of Investigation is saying were only for the court to see, could be given to Karti Chidambram, facing a CBI probe for his alleged role in facilitating the 2007 Foreign Investment Promotion Board (FIPB) clearance for INX Media Ltd when his father was the Finance Minister.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y Chandrachud fixed November 1 for the hearing of the matter.
Senior counsel Kapil Sibal, appearing for Karti Chidambaram, told the court that the documents given to the court in a sealed cover were part of the case diary and could not be relied upon as evidence in deciding the validity of the lookout notice.
Pointing to sub-section 2 of the Section 172 of the Code of Criminal Procedure, he cited a top court judgment which said that a case diary could be given by the investigating officer to the court for the adjudication of the issue and it was court alone who could call for it.
Sub-Section(2) of the Section 172 of the Crpc says that any criminal court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
Urging the court to decide on the larger issue, Sibal said that he has instruction from Karti Chidambaram that his application for permission to go abroad could be put on hold till the issue was decided.
Karti Chidambaram has sought the court's permission to travel abroad, from October 19 to November 13, for the admission of his daughter to the Cambridge University. The CBI has opposed the plea saying it has serious apprehensions that he would tamper with evidence during his overseas stay.