P Chidambaram, who has been sent to Tihar Jail till September 19, tried his best to avoid judicial custody but the Enforcement Directorate ensured that he is sent to one of the most notorious jails in the country. If the ED had filed an application to arrest the former Finance and Home Minister in the INX media case as his anticipatory bail application was rejected, Chidambaram could have been remanded to ED's custody and not to Tihar jail, in all likelihood.
The ED, which wanted to arrest Chidambaram since his anticipatory bail application was rejected by the Delhi High Court in August 20 and later fought a legal battle in the Supreme Court, interestingly did not file the application before the court. The ED was aware that if an application to arrest P Chidambaram is not moved then most probably he would be sent to Tihar jail and did not move the application till the end of the order.
P Chidambaram through his lawyer also filed an application to surrender before the ED in INX media case but SG Tushar Mehta, representing ED, said that he would like to argue on this the coming week. The court has issued a notice to ED on Chidambaram's application.
The Central Bureau of Investigation which had P Chidambaram in their custody for the last 15 days, also pressed that Chidambaram should be sent to Tihar Jail. P Chidambaram, who himself offered to stay in CBI custody after the agency had said that they do not want his custody any further, tried his best to avoid Tihar.
If the ED files an application to arrest him in the INX media case, only then will he be out of Tihar Jail. However, ED has more than a week to file the application. The other option is of regular bail which is going to very difficult battle for Chidambaram.