The Supreme Court on Tuesday said the CBI custody of former finance minister P. Chidambaram would continue till September 5 in the INX Media case.
The court asked Chidambaram's counsel not to press for the interim bail plea filed before the trial court on Monday.
A bench of Justices R. Banumathi and A.S. Bopanna said it would hear Chidambaram's plea on Thursday in which the Congress leader has challenged the non-bailable warrant issued against him as well as the trial court's orders remanding him in CBI custody.
While posting the matter for hearing on Thursday, the bench said: 'We are conscious that we should not usurp the jurisdiction of the trial court concerned.'
Solicitor-general Tushar Mehta, appearing for the CBI, moved an application seeking to recall the order the apex court had passed on Monday. He said that Chidambaram's counsel had moved interim bail plea before the trial court, as per the said order.
Mehta said Chidambaram's counsel pressed before the trial court that the interim bail plea should be decided on Monday itself and the trial judge issued notice to the CBI asking it to file a response within 24 hours.
'The matter is listed for hearing today before the trial court at 3.30 pm. Less than a 24- hour notice was given to the CBI to respond to the interim bail plea which was filed 13 days after his arrest. This should not be the procedure,' he told the bench.
After hearing Mehta's submissions, the bench said the interim bail plea be listed for hearing before the trial court on September 5.
'The present status will continue till then. The CBI's custody will be extended till day after tomorrow (September 5),' the bench said.
Mehta then told the bench: 'If we don't take his custody then the law must take its course. We don't need his custody.'
Senior advocate Kapil Sibal and Abhishek Manu Singhvi opposed Mehta's submissions and said that if Chidambaram is sent to jail under judicial custody, his plea pending before the apex court would become infructuous.
Sibal informed the bench that they would not press for interim bail before the trial court today and that Chidambaram's CBI custody should be extended till September 5.
The bench, while posting Chidambaram's plea for hearing on September 5, said that it would decide on the matter on Thursday itself.
The apex court is also scheduled to pronounce its order on September 5 on Chidambaram's separate plea in which he has challenged the August 20 verdict of the Delhi High Court denying him anticipatory bail in the INX Media money laundering case lodged by the Enforcement Directorate.
