Narada Scam Case- Supreme Court Hearing On Pleas By WB Govt & Mamata Banerjee Against Calcutta HC Order- LIVE UPDATES

Order: CBI and parties if they so desire may file their replies to the application by 29 after serving advance copies of the same by 28. We request the HC to first decide the applications of Petitioners herein. 

The date fixed before the HC is 29.06.2021. The petitioners are to file their applications to bring the counter affidavits on record by Monday on 28.06 after serving advance copies to the counsel for the CBI and other parties on or before 27.06. The CBI and other parties, if they so desire, may file a counter affidavit reply to the application by 29.06 after serving advance copy to petitioners by 28.06.

Order: Counsels of the parties have graciously agreed with position of the Court and accordingly we dispose of the petitions with the following directions. 

Order: At this stage, suggestion was made by the Court that matter could be remanded to HC to be decided afresh. On the basis of the reasons given in application which is filed by the Petitioners.

Order: As to whether any Application was filed by the Petitioners for taking Counters on record, they submitted that no such application was filed by them as same was not required.

 Order: We are of the opinion that the Petitioners ought to have given an application to take the respective affidavits on record specially when the submissions of the parties were going on and had progressed substantially

Order: It is submitted that Affidavits filed have not been taken on record for reasons recorded in impugned order and is not tenable in law as they were not granted sufficient time.

 Order: SG has however submitted that the order of HC is fully justified as the Petitioners have been participating in the proceedings before the HC and by not filing their response, they have forsaken it.

Bench: Shall we make one request ? While dictating it could be some mistake, please note and inform us in the end. It will be a short order.

Order: These three petitions have been filed challenging order dated 9 June on Affidavits of the Petitioners herein on record. We have heard Rakesh Dwivedi for 5 and 8, and Vikas Singh for 5.1.

Order: And SG Tushar Mehta for CBI. Dr. Singhvi, for technical purposes should your name be given ?

Singh (in a lighter vein): Not technical, but material purposes.

Bench: We will say for some of the accused persons. 

Bench: 29 as scheduled, the HC will first decide your application de novo and then proceed to hear the matter on merits. 

Bench: HC has posted it on 29 June. So, by 28 you can file everything.

Dwivedi: Sunday it can’t be filed.

Bench: 28 is Monday. You file it on Monday. But, advanced copy, give it by Sunday.

Singh: It shouldn’t be a remand without setting aside.

Bench: We’ve already said this. We would not like to go into any merits. We will not even record your arguments.

Singh: It will still give wrong impression that CBI filing without App.

Bench: We don’t go by impression.