Senior advocate Kapil Sibal, appearing for former finance minister P. Chidambaram in the INX Media corruption case, said in the Supreme Court that the High Court judgment was a "verbatim copy" of paragraphs in the CBI/ Enforcement Directorate note.
Sibal accused the High Court of simply accepting documents handed by the Enforcement Directorate and, clubbing them with the CBI case, denying Chidambaram protection from arrest.
"Paragraphs in the High Court judgment were a verbatim copy of the CBI/ Enforcement Directorate note, comma by comma, full stop by full stop, word by word, sentence by sentence, the chart. Their note become findings of the court. Where is the application of mind by the judge?" said Sibal.
Countering his arguments, Solicitor General Tushar Mehta, who was presenting the prosecution, said: "I don't know from where they got this note. It was not in records."
"You have not even denied the note. No document was filed in the court. No order said the document was filed in the court," replied Sibal. Sibal read out the Enforcement Directorate's (ED) affidavit in the Supreme Court and said that the agency is yet to unearth the "money laundering scheme."
"They said they are yet to unearth the money laundering scheme. So if they are yet to unearth, how is it cogent evidence?" argued Sibal.
Chidambaram also accused the Enforcement Directorate of leaking its document on charges against him to the media and blindsiding him with the allegations.
Denying Chidambaram's allegation of leaking the details, ED told the Supreme Court: "We didn't leak it. He is making it political. We have given it to the petitioner (Chidambaram)." The agency also said it was Chidambaram's lawyers who were arguing their case on TV.
The ED says it has substantial evidence to support its claims and "only custodial interrogation" can unravel the truth.
Earlier on the day, the apex court asked Chidambaram to move a regular bail plea before an appropriate court to challenge the Delhi High Court's order in the CBI case, which became infructuous after he was arrested by the agency last week.
Enforcement Directorate has submitted an affidavit to the Supreme Court that alleges that Chidambaram, along with his "close confidants and co-conspirators created a web of shell companies in India and abroad for laundering proceeds of crime".
The ED said that it has evidence that those operating the shell companies are in touch with Chidambaram. Money was illegally deposited in companies proxy-owned by the former Union minister, the agency alleged.
It said 17 benami—or proxy—foreign bank accounts and 10 expensive properties were bought in India and abroad from the proceeds.