Chidambaram's plea to surrender can't be entertained as IO not willing to arrest him: Court

A special court on Friday dismissed former union minister P Chidambaram's application seeking to surrender in an alleged money laundering case being probed by the Enforcement Directorate (ED).

The Delhi court observed that when the investigation officer (IO) is not willing to arrest the applicant at this stage, therefore, his application for surrender cannot be entertained.

Chidambaram is facing probe in the INX media case by both the ED and the CBI.

Special judge Ajay Kumar Kuhar, also observed that in the present case Chidambaram has not been arrested nor has the court taken cognizance of any offence on any complaint or charge sheet. Therefore he cannot be remanded to custody either under Section 167 or 309 (2) of the CrPC.

The court further stated in the order copy that the position of law is settled that the investigation is the prerogative of the investigation agency. In this case, neither a complaint nor the charge sheet is pending before the court at this stage of investigation.

The court had on Friday dismissed jailed Congress leader P Chidambaram's petition seeking to surrender in a money laundering case being probed by the Enforcement Directorate (ED) in the INX Media case.

The 73-year-old is facing probe in cases registered by both the CBI and the ED pertaining to alleged irregularities in the Foreign Investment Promotion Board clearance given to INX Media to the tune of Rs 305 crore in 2007 when he was the union finance minister.

He was arrested by the CBI on August 21 and sent to its custody for interrogation. Last week, a CBI court sent Chidambaram to judicial custody in Tihar Jail till September 19.