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SC Judge Justice Anirudddha Bose Recuses From Hearing Pleas Of West Bengal Govt, CM and Law Minister On Narada Case

LIVELAW NEWS NETWORK
22 Jun 2021 5:31 AM GMT
SC Judge Justice Anirudddha Bose Recuses From Hearing Pleas Of West Bengal Govt, CM and Law Minister On Narada Case
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Supreme Court judge Justice Aniruddha Bose on Tuesday recused from hearing the petitions filed by the State of West Bengal, West Bengal Chief Minister Mamata Banerjee and Law Minister Moloy Ghatak in relation to the Narada case.The petitions were listed before a vacation bench comprising Justices Hemant Gupta and Aniruddha Bose. Justice Bose, who was earlier a judge of the Calcutta High...

Supreme Court judge Justice Aniruddha Bose on Tuesday recused from hearing the petitions filed by the State of West Bengal, West Bengal Chief Minister Mamata Banerjee and Law Minister Moloy Ghatak in relation to the Narada case.

The petitions were listed before a vacation bench comprising Justices Hemant Gupta and Aniruddha Bose.

Justice Bose, who was earlier a judge of the Calcutta High Court, said that he was recusing from hearing those cases. Justice Hemant Gupta has requested the Chief Justice to form another bench today itself to hear the cases, if possible. On Friday, another bench led by Justice Hemant Gupta had requested the Calcutta High Court to defer its hearing of the Narada case in view of the petitions filed in the Supreme Court.

Last week, Justice Indira Banerjee had recused from hearing a case related to post-poll violence in West Bengal.

The petitions filed by State of West Bengal, Mamata Banerjee and Moloy Ghatak challenge the order passed by a 5-judge bench of the Calcutta High Court on June 9 refusing to permit them to file affidavits in response to the CBI's plea to transfer the Narada case.

It may be recalled that the CBI is seeking the transfer of Narada case hearing from the Special CBI Court at Kolkata on the ground that the there is 'mobocracy' in the state. The CBI is highlighting the mass protests led by Chief Minister Mamata Banerjee and Law Minister Moloy Ghatak on May 17 against the arrest of 4 TMC leaders in the Narada case.

The State Government and the Law Minister said that they have a right to defend the CBI allegations before the High Court.

The 9th June order of the Calcutta High Court observed that the Chief Minister, Law Minister and the State had "waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response…It is nothing else but filling the lacunae or supporting the accused. That is why, even the learned Counsels appearing for the accused are also supporting the prayer made by the State for taking these belated affidavits on record".

It was further noted by the High Court that, "The Respondents have taken a calculated risk in not filing their affidavits at the right time, now they cannot be allowed to do so at their own whims and fancies, whenever they wish to do the same. Urgency of the matter could be appreciated on behalf of the accused, who were in custody but it cannot apparently be on behalf of the State, hence, if the State or other persons impleaded by the CBI wanted to file their response, time could have been sought at that time and not when the arguments are at an advanced stage".

The plea filed before the Supreme Court submits that rights of the State should not be hampered, especially when the CBI was allowed to file additional affidavits. 



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