Chidambaram, a former Union finance minister, had filed a special leave petition challenging the “order of arrest" and the subsequent “remand order" passed by the CBI court on 22 August.
The case against the remand of Chidambaram of CBI was argued before a Supreme Court bench of Justices R. Banumathi and A.S. Bopanna.
Additional solicitor general N.K. Nataraj, representing the CBI, asked for the case to be heard on Tuesday. However, senior advocate Kapil Sibal, who represented Chidambaram, said the plea would become infructuous if adjourned till Tuesday. He pleaded that Chidambaram be put under house arrest rather than being sent to Tihar Jail.
Sibal argued that his plea against Chidambaram’s arrest was pending before the Supreme Court when the CBI arrested him. He pointed out that Chidambaram is 74 years old and pleaded for interim bail for three days, until the case is heard at length.
Nataraj countered that the plea for bail should be mentioned before the trial court.
Wary of an unfavourable order from the CBI court, Sibal pleaded for CBI custody to be extended for three days.
The court said the case would be heard on 5 September along with Chidambaram’s plea against his arrest by the enforcement directorate.
The attorney general pleaded for the CBI remand to be extended only till Tuesday as there would otherwise be “jurisdictional difficulties" because police remand can be of a maximum of 15 days and 12 days had already elapsed.
The apex court later amended its order passed at 2.30pm and extended CBI’s custody of Chidambaram till Tuesday, when it will be heard by the same bench.
CBI special judge Ajay Kumar Kuhar also extended the custody of Chidambaram till Tuesday.