Besides that, Peter and Indrani Mukherjea, also accused in the case, are out on default bail as they are in jail in connection with another matter, Sibal said, adding that the FIPB approval was given by senior officials, who were not arrested and contended that grant of bail was a rule and the issue before the court was of personal liberty.
Chidambaram finally surfaced on Wednesday evening in the AICC headquarters, where he held a news conference and played the victim card, claiming the high moral ground.
She also claims in the 2017 written testimony to Enforcement Directorate that she subsequently met Karti Chidramabarm in a five-star hotel in New Delhi in 2008 when he asked her to remit United States dollars 1 million into an overseas account owned by him or his associates.
Rejecting reports of his evading the law, he told reporters that the charges against him and his son were "nothing further from truth".
Senior lawyer and Chidambaram's Congress party colleague Kapil Sibal said the FIPB approval in the case was granted by six secretaries of the union government, none of whom were arrested.
After his presser, a team of CBI officials rushed to his house and scaled the walls to enter the building.
Soon, a team of officers, identifying themselves as from ED, too arrived at the scene. However, despite the fact that it has sought support from opposition parties on Chidambaram's arrest, which they have called "illegal", not many have come forward in solidarity. Some jumped on the vehicle in which the politician was taken away, the agency said. Delhi Police personnel were also posted to prevent any adverse law and order situation. "The events pertaining to this case happened in 2008".
He said the charge sheet has not been filed in the case yet and it is at pre-charge sheet stage, therefore, "we need material which Chidambaram is holding".
He said Chidambaram has tremendous potential of not cooperating in probe since he is highly intelligent and certain facts about the case can not be narrated in the open court. The investigating agency would have to make him undergo medical examination at an empanelled hospital.
Chidambaram, 73, looking slightly pale, appeared in court flanked by police agents and lawyers. In response to his petition, the Supreme Court has fixed his bail plea for Friday.
Chidambaram was arrested from his Delhi residence amid high drama Wednesday night over allegations that companies linked to his son Karti influenced the Foreign Investment Promotion Board (FIPB) to approve irregular investment worth Rs 305 crore in INX Media when the former was the finance minister in 2007.
The ED had lodged a money laundering case in this regard in 2018.