Narada Case : Live Updates From Calcutta High Court Hearing On TMC Leaders' Bail

Solicitor General : This system of barging into police station for supporting accused has replaced the constitutional rule of law. So let us not deviate. Kindly examine that.

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Justice Harish Tandon : I don't think the emotions of common man, dehors the rule of law, would avert the dispensation of justice.

In a hierarchical system, there are remedies available against a judicial order. 

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Justice Harish Tandon : Common man may go by their emotions or sentiments. We have to see rule of law framework. Even if the emotions are high, rule of law does not permit them. 

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Justice Soumen Sen : Can a judicial order be set at naught on the basis of a perceived injustice?

Solicitor General : That is the question. Justice must also be seem to be done.

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Justice Mukerji : There are umpteen number of high profile arrests in country, where there is public outcry. Unless you show that the learned judge was influenced by it, this will be counter-productive.

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Solicitor General : In this state, such events are happening frequently. Please do not take this as a political statement. Unless checked, this can get replicated in other states. This can be adopted by politicians, particular communities.

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Solicitor General : If I wanted to cancel bail, I would have filed application under Section 439(2). There are grounds for that. But here, there are more fundamental questions. It is a question of rule of law. 

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Solicitor General : This 5-judge bench has not assemble to decide the question of whether bail has to be granted. We are not on that minimalistic question. I am on a more fundamental, more constitutional, more rule of law argument.

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Solicitor General : I ask Your Lordships to please forget the issue of legality of arrest for the time being. The question now is can they seek bail by such conduct.

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Solicitor General : The question is not whether the bail granted was right or not. For argument sake, presume arrest is illegal. The question is whether the perceived intimidation could shake the common man's faith in the system.

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