Narada Case : Calcutta High Court To Hear Tomorrow TMC Leaders' Plea To Recall Stay On Bail

A 5-Judge Bench of the Calcutta High Court on Thursday decided to hear the recall applications filed by four arrested TMC leaders against stay of their bail in the Narada scam case, before hearing the larger issues raised by CBI relating to breakdown of rule of law and mob pressure on court. After conferring with each other, the bench led by Acting Chief Justice Rajesh Bindal said, "We will hear the recall applications tomorrow morning." The Court has also allowed the request for impleading State of West Bengal as a party to the proceedings. The development comes after Advocates appearing for the arrested leaders urged the High Court to take up the issue of bail first, as it involves the question of personal liberty of the arrested persons, who are presently under house arrest.Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigations, made most of the submissions during the two hour long hearing which commenced at 2 PM today.The SG sought a declaration that the May 17 proceedings of the Special CBI Court, Kolkata - which granted bail to the 4 TMC leaders - are vitiated on account of the mob pressure created by Chief Minister and Law Minister through mass protests and a direction to transfer of the case outside Calcutta. While the SG was making his arguments, Senior Advocate Bandopadhyay, representing the accused, interjected to make an emotional appeal before the bench to consider the recall applications first. "In a matter of personal liberty, the recall applications cannot be kept aside", he said. The Advocate General also supported this request, referring to Article 226(3) of the Constitution, which says that applications seeking vacation of ex-parte stay must be decided within 14 days. So, as per the spirit of the Constitution, the recall applications need priority consideration, the AG said. "Article 226(3) casts a duty on the court that a vacation application of an ex-parte order must be heard within 14 days. Therefore, our applications have to be heard first", Bandopadhyaya added to the AG's submission. A Bench comprising Acting Chief Justice Rajesh Bindal, Justices IP Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee is hearing the bail of four Trinamool Congress leaders - Firhad Hakim, Madan Mitra, Subrata Mukherjee and Sovan Chatterjee- who have been under judicial custody since their arrest by the CBI on May 17 in Narada case. The bench has also requested the lawyers to send a one-page note on what they are going to argue tomorrow. COURTROOM EXCHANGE Protests against arrests may encourage gangsters to gherao authorities: Solicitor General The Solicitor General urged the High Court to exercise its powers under Section 482 of CrPC and 226 of the Constitution to declare the court proceedings dated May17 as vitiated and non-est. He stated that that the dharna held by the Chief Minister of West Bengal before the CBI office and the protest led by Law Minister in front of the court complex to protest the arrest of four leaders was "well-designed and orchestrated attempt" to prevent the CBI from performing its functions. "Apart from seeking transfer, I am also invoking jurisdiction under 482 CrPC, 226 and 227 of Constitution seeking a declaration that entire proceedings of May 17 post-production of accused are vitiated and non-est. The Issue is of seminal importance relating to rule of law. In this State, similar instances are happening frequently, which are placed on record by way of affidavit," the SG submitted. He argued that today it is a case of political leaders indulging in "methodical and orchestrated attempts". However, if this "mobocracy" is not checked by the constitutional court, tomorrow a situation may arise, where a gangster is arrested and his henchmen gherao the CBI office and attempt to derail the investigation. "The fundamental principle is whatever order passed by a civil or a criminal court, must inspire confidence. Public confidence in system is important. A common man's perception of justice must be the guiding principle. It is his confidence which makes this system going. Therefore, the perception shall have to be that of the common man. If the Court does not check this, this may not confine to this state alone and may spread to other state, and this may not confine to politicians and may spread to gangsters," the SG argued. He urged that the facts of this case are peculiar and none of his arguments may be treated as attributing anything to the Judge who granted the bail. Justice Mukerji, speaking for the Bench, told the SG that as a court of law, it can only check if the alleged mobocracy has influenced the Judge who passed the order. "We can only take into account the legal factors considered by the judge. You have said you are not attributing anything to the judge. If there is nothing on record to show if the learned judge was influenced, how can ...

Narada Case : Calcutta High Court To Hear Tomorrow TMC Leaders' Plea To Recall Stay On Bail

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