Considered his request, the apex court advanced the hearing in the case to Tuesday from Thursday.
In the post-lunch session, Mehta appeared before a bench of justices R Banumathi and A S Bopanna and said the order passed earlier in the day would cause jurisdictional difficulty in its implementation.
Taking note of the submissions, the bench said CBI is at liberty to move the trial court for Chidambaram's police custody till Tuesday.
It said it will hear on Tuesday Chidambaram's plea challenging the non-bailable warrent (NBW) against him and remand orders of the trial court in the INX Media case.
In the pre-lunch session, the bench asked the trial court to consider Chidambaram's request for interim bail in the case after the former finance minister said that he not be sent to Tihar jail under judicial custody and offered to be in house arrest.
The apex court said if Chidambaram's request for interim bail is not considered by the trial court on Monday itself, his CBI custody would be extended by three more days.
It had directed CBI to file response on Chidambaram's plea challenging the NBW issued against him and the subsequent orders of the trial court remanding him in the CBI custody.
Chidambaram's CBI custody in the INX Media corruption case is expiring today and he will be produced before the concerned trial court during the day.
Special Judge Ajay Kumar Kuhar will also hear at 3:30 PM on Tuesday the interim bail plea of Chidambaram, who was produced before the court on the expiry of his 3-day CBI custody granted on August 30.
The CBI opposed any relief to Chidambaram in the case and sought extension of his custodial interrogation by a day.
Senior advocate Kapil Sibal moved the interim bail application of the former minister and senior Congress leader, who was arrested on the night of August 21.
Solicitor General Tushar Mehta sought time to reply to Chidambaram's interim bail plea and said that notice be issued to the CBI as it is required statutorily.
"All citizens have to be treated equally. Personal liberty of a common man, a rickshaw puller, is no less important... What is so special and extraordinary about this case," Mehta said, adding that "it would be serious travesty if we are not given time to file reply on the interim bail plea".
At this, senior advocate A M Singvi, also appearing for Chidambaram, said, "If that is not so, why is the Solicitor General here?"
After the judge was informed about Monday's Supreme Court hearing, he asked if there was any direction by the apex court to seek the relief and to decide on it today itself.
During the hearing, Mehta asked what was so special and extraordinary in this case.
Responding to his submission, senior advocate A M Singhvi, also appearing for Chidambaram, said the Solicitor General would not have been here if it would have been a normal case.
Mehta said it would be a serious travesty of justice if the CBI is not given time to reply to the bail plea and demanded 10 days time.
Sibal said he wants to argue for bail.
While submissions were being made by both the sides, the judge said, "I do not know what order has been passed by the Supreme Court."
Singhvi said that according to them, the apex court has asked to decide the interim bail plea today itself or extend the police custody till September 5.
The special court on August 30 had extended Chidambaram's CBI custody till today.
Chidambaram, 73, has been already subjected to custodial interrogation by the CBI for 11 days since his arrest on August 21, after the Delhi High Court on August 20 dismissed his anticipatory bail plea.
His son Karti was also present in the court.
Chidambaram, who was Union home minister as also finance minister during the UPA rule from 2004 to 2014, was arrested by the CBI on August 21 from his Jor Bagh residence. He was earlier produced before the court on August 22 and was remanded to four-day CBI custody.
The CBI had registered an FIR on May 15, 2017, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.
Thereafter, the Enforcement Directorate lodged a money laundering case in this regard in 2017.
"Same food is available for everyone," said Justice Suresh Kumar Kait after Chidambaram's counsel Kapil Sibal requested the court that home cooked food be allowed to his client in jail.
Responding to the court's remark, Sibal said, "My Lords, he is 74 years old."
Solicitor General Tushar Mehta then responded, "Even Chautala is old and is a political prisoner. As a state, we can't distinguish anyone."
The arguments took place while the court was hearing the regular bail application filed by the Chidambaram in CBI case pertaining to INX media.
During the course of hearing, Chidambaram's counsel Kapil Sibal argued that the offences against his client have only seven years of imprisonment.
He further argued that the charges of section 420 of the Indian Penal Code (IPC) can't even be made out as he has no role.
Opposing the claims, Solicitor General Tushar Mehta said, "We are at the pre charge sheet stage. Petitioner was arrested on August 21, the offences were committed in 2007. Chidambaram was involved in corrupt practices."
Enquiring about the delay, the court asked, "he was sent to judicial custody on September 5 then why didn't you approach then?"
Sibal responded, "There were holidays in between."
"When you can approach the Supreme Court, the same day, then why are you coming so late?" the judge added.
After hearing the arguments, the court after issuing notice to CBI seeking its response on the plea, posted the matter for hearing on September 23.
Chidambaram's counsel also withdrew their application challenging the order of judicial remand passed by the trial court.
On Wednesday, Former Finance Minister P. Chidambaram had alleged that the INX Media case is "political vendetta" and the investigation agency is "acting at the behest of the Centre".
"It is the petitioner's case that the instant criminal proceeding is a mala fide and is borne out of political vendetta and the investigation agency is acting at the behest of the Centre which wants to malign the untainted and unimpeachable reputation of the peititoner," Chidambaram had said in his applications filed before the Delhi High Court.
Chidambaram had moved two applications before the high court, one for seeking regular bail and another for seeking setting aside of the order of September 5 passed by the trial court that sent him to 14 days' judicial custody.
Chidambaram, who has been lodged in Tihar jail since September 5, when the court sent him to 14 days judicial custody in the INX media case, was brought to the court room earlier on Thursday.
Opposing the CBI's judicial custody extension application, senior advocate Abhishek Manu Singhvi, appearing for Chidambaram said, "CBI application does not give reasons for extension of judicial custody and the accused (Chidambaram) has already been in custody for 14 days."
Chidambaram is under investigation by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) for alleged irregularities in the Foreign Investment Promotion Board (FIPB) clearance granted to INX Media for receiving overseas funds to the tune of Rs 305 crore in 2007 during his tenure as Union Finance Minister.
The probe agency, in its reply to the bail plea moved by the former finance minister, has said that granting the relief to Chidambaram will set a wrong precedent in corruption matters as it was allegedly a clear case of betrayal of public trust.
The 73-year-old Congress leader, who is lodged in Tihar Jail in the INX Media corruption case, has claimed in his petition that the criminal proceedings against him were "mala fide" and borne out of "political vendetta".
His counsel submitted in the court that the offences for which Chidambaram has been booked carry only a punishment of up to 7-year imprisonment.
Justice Suresh Kait concluded hearing the submissions advanced by Chidambaram's lawyers on his bail petition and fixed the matter for Friday when Solicitor General Tushar Mehta will commence his arguments on behalf of the CBI.
Senior advocate Abhishek Manu Singhvi, representing Chidambaram, referred to a previous judgement of the Supreme Court. He said it provided that in criminal cases punishable with imprisonment of not more than 7 years, the accused should not be arrested and courts also should not remand them to custody unless the conditions specified therein are met.
In this case, the offences with which Chidambaram has been charged are punishable with imprisonment of not more than 7 years, at the time of commission of the offence, he said.
The 74-year old veteran Congress leader's bail plea has been opposed by the CBI. In its written response, the probe agency has said that it is a "gravest case of economic offences" and the magnitude of financial embezzlement as also misuse of high public office disentitles him for any relief.
CBI, in its written reply, has said, "It is settled law that the gravity of the offence has nothing to do with punishment provided for the same. The gravity is to be judged by the impact, the offence has, on the society, economy, financial stability and integrity of the country.
"It is further well settled that the economic offences constitute a class apart and a class by itself, as it cuts the very root of probity and purity of public administration and results in eroding the public confidence which it reposes on the government elected by it."
During the day, Chidambaram's son Karti filed an affidavit in pursuance to court's Tuesday direction asking him to disclose the source of certain government documents, relating to FIPB approval granted to the company, which were being referred to by his lawyers during the hearing of his bail plea.
He said in the affidavit that the documents were part of the 'relief upon documents' filed by the Enforcement Directorate in the proceedings initiated under section 5 (attachment of property involved in money laundering) of the Prevention of Money Laundering Act (PMLA) before the adjudicating authority here.
The affidavit stated that Chidambaram's wife Nalini and son Karti were arraigned as defendants in those proceedings and they were furnished a copy of the relied upon documents, including these papers.
It said these documents have been obtained by Chidambaram from his wife and son.
On Tuesday, the court had given the direction to file the affidavit noting the objection raised by the Solicitor General that the lawyers for Chidambaram must disclose the source from where they got these government documents.
Besides Singhvi, a battery of senior lawyers, including Kapil Sibal, Dayan Krishnan and A S Chandhiok, appeared for Chidambaram.
Chidambaram, who was arrested on August 21 by the CBI, did not approach the trial court and had directly filed the regular bail plea in the high court.
Earlier, Sibal had said it was a collective decision of six secretaries of the central government and other officers to grant FIPB approval to INX Media and Chidambaram being the then finance minister had only signed it. He had said that Chidambaram was in jail while all others are out.
Sibal and Singhvi had contended that it was a not a case of taking out money from the country or cheating a bank and instead money has come in and it was not an economic offence, as alleged by the agency.
In his rejoinder to the CBI's reply on the bail plea, Chidambaram has denied that he used the influential office of the finance minister for personal gains in connivance with his co-conspirators.
He has said that a look out circular has already been issued against him and it is preposterous to allege that he is a flight risk and can evade the process of law.
He has said the Rs 305 crore which came to INX media as foreign direct investment were well within the approved percentage of 46.216 per cent.
The CBI in its reply has said the gravity of offences committed by Chidambaram for which he is being investigated does not entitle him to seek any relief as it would not only be against the 'zero tolerance policy on corruption' but would also be setting a very wrong precedence in all corruption cases.
It has said the investigation revealed that Chidambaram, as the finance minister, had demanded illegal gratification and the payments were made in India and overseas to him and his accused son Karti.
Chidambaram, who was arrested by the CBI from his Jor Bagh residence here, is currently lodged in Tihar Jail under judicial custody till October 3.
The CBI had registered an FIR on May 15, 2017, alleging irregularities in the FIPB clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.
Thereafter, the ED lodged a money laundering case in this regard in 2017.
But in some relief to the 74-year-old Congress leader, Special judge Ajay Kumar Kuhar allowed him to have home cooked food in Tihar jail after noting from medical records he is suffering from multiple ailments including inflammation of his digestive tract.
Seeking bail, Chidambaram told the apex court that courts should frown upon the attempt of the prosecution to use judicial custody as a kind of "pre-trial punishment", asserting the liberty of an individual cannot be denied on the basis of "anonymous and unverified allegations".
Citing "frail" health, Chidambaram also said he is not "accustomed" to food given to him in the jail and has lost 4 kg weight during judicial custody.
Senior advocate Kapil Sibal, appearing for Chidambaram, mentioned the bail petition for urgent listing before a bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari.
The bench told him that the matter will be placed before Chief Justice Ranjan Gogoi and he would decide on its listing. The matter has since been listed for Friday.
Since his arrest on August 21, Chidambaram till Thursday has spent 42 days in custody, both the CBI and judicial, in eight spells.
He was sent to Tihar jail for the first time on September 5 till September 19, when his custody was extended till October 3.
"The investigation is still pending. It is informed that the bail application of the accused has been dismissed by the Delhi High Court on September 30. Considering the facts mentioned in the application and that there is no change in the circumstances as noted in the earlier orders, the judicial remand of the accused is extended till October 17," said judge Kuhar.
The court clarified that the concession for home food shall not be taken as a precedent as it was being given in peculiar facts and circumstances and keeping Chidambaram's medical condition in mind.
The court directed the Tihar jail superintendent to take care of Chidambaram's safety and security and to ensure that the food received from home is duly checked and then supplied to him.
"From the medical record shown by the applicant (Chidambaram), it is apparent that the applicant is suffering from multiple ailments. He is 74 years of age. He is suffering from inflammation of his digestive tract. Solicitor General Tushar Mehta, appearing for the agency, submitted that he has no objection to Chidambaram being provided with home cooked food.
"In these circumstances, it may be conducive to his health condition that he is provided home cooked food once a day to avoid any further deterioration in his health condition," the judge noted.
Challenging the Delhi High Court's September 30 verdict rejecting his bail plea, Chidambaram told the apex court he had never attempted to approach or influence any witnesses or accused in the case.
The high court had dismissed his bail plea saying the investigation was at an advanced stage and the possibility of his influencing the witnesses cannot be ruled out.
"Bail is the rule, jail is the exception. Arrest and custody are a humiliation and social stigma. The prosecution seems to think that prolonged judicial custody is a punishment they can impose on the petitioner. Courts should frown upon the attempt of the prosecution to use judicial custody as a kind of pre-trial punishment." He has urged the apex court to grant him interim bail till his appeal is decided.
The CBI registered an FIR on May 15, 2017, alleging irregularities in the FIPB clearance granted to the INX Media group for receiving overseas funds of Rs 305 crore in 2007 during Chidambaram's tenure as the finance minister.
Thereafter, the ED lodged a money laundering case in this regard in 2017.
Chidambaram, a former union home minister, said the high court has "erred" in dismissing his bail plea on a mere apprehension that he might influence the witnesses, without any supporting material, and on the basis of unverified allegations that do not allege or point anything against him.
He also denied the high court's finding that INX Media's former promoters Indrani and Peter Mukherjea had met him and "illegal gratification" was paid.
Chidambaram has further said the case does not relate to "economic offence" and there is no loss to the public exchequer.
He also denied the high court's finding that a large amount of money had come into the companies owned or controlled by the alleged co-conspirator and his son Karti Chidambaram.
As per the latest report, Chidambaram was taken to AIIMS for gastrointestinal health complications. He is now stable and has been discharged. He was brought back to Enforcement Directorate office from the hospital.
Chidambaram is currently undergoing ED custody till October 30 after he was arrested under the Prevention of Money Laundering Act on October 16.
The Central Bureau of Investigation had arrested the former minister on August 21 in INX media corruption case. However, he succeeded in getting bail from the Supreme Court on October 22.
Chidambaram is being probed for his alleged involvement in irregularities in granting Foreign Investment Promotion Board (FIPB) approval to INX Media during his term as Finance Minister.