Orders reserved for P Chidambaram wife’s Kolkata presence

A division bench of Justices M M Sundresh and Anand Venkatesh on reserving its order on the appeal held that Nalini Chidambaram need not appear before the ED till the pronouncement of orders on the appeal moved. The fresh summons had directed Nalini Chidambaram to appear before ED, Kolkata on Wednesday, June 20. 

The appeal was made after Justice S M Subramaniam rejected Nalini Chidambaram’s contention that women cannot be called for investigation out of their place of residence under Section 160 of the CrPC. 

The single judge bench had held that such exemptions are not mandatory and are subject to facts and circumstances of the case. Senior advocate K T S Thulsi, appearing for Nalini Chidambaram, contended that Section 160 applies to all women and it does not distinguish as described by the bench in his order and the section states ‘only women’. 

He said it was a legislative policy and it means what it says and can’t be subjected to interpretation. While the bench citing ‘forum convenience’ sought to know as to why the Kolkata High Court had not been moved as summons emanated from there, the senior counsel submitted “My protection can only be ensured by this court as I am a resident of this State.” 

Tulsi stressed that the whole case is a fall out of political vendetta as barring the petitioner none of the other advocates who had appeared in the Sarada Scam case were summoned. Noting that no lawyer can be compelled to reveal their notes, the senior counsel said it has been made clear that she was paid a legal fee by the Saradha Group for her appearances in Court and the Company Law Board over a television channel purchase deal. 

Additional Solicitor General G. Rajagopalan appearing on ED’s behalf submitted that she has neither been arrayed as an accused not as a witness and is being called in person to explain the documents submitted by her legal representative.