Calcutta HC bench led by Acting Chief Justice Rajesh Bindal to shortly hear case relating to stay on interim bail granted to @AITCofficial leaders Firhad Hakim, Subrata Mukherjee, Madan Mitra & Sovan Chatterjee in the #NaradaStingCase
#CalcuttaHighCourt on Monday night stayed the bail granted to the @AITCofficial leaders in the #NaradaStingCase after CBI requested transfer of the case citing a security threat to officers of the probe agency & that @MamataOfficial was on dharna out side the #CBI office
Hearing commences.
Dr. AM Singhvi requests that matter be taken up at 2 pm in the afternoon.
I have also prayed that besides transfer of trial, all proceedings in the bail plea before lower court on May 17 be declared nullity in the eyes of law: Tushar Mehta
Justice Arijit Banerjee asks Mehta why the High Court cannot consider today whether bail can be granted or not. Says the High Court had stayed the bail order on other grounds.
From what I saw, chargesheet appears to have been submitted. These persons were interrogated by your client before. Is there any complaint that they did not cooperate? Justice Arijit Banerjee
In these Covid times, what is the need to keep them in jail. Address us on that: Justice Arijit Banerjee
If Your Lordships are hearing the bail, then I am assuming my 407 petition is allowed. In that case, please allow me to file reply to recall application: Mehta
It is a question of wider import. Cause of justice was frustrated in unprecedented circumstances. There was an orchestrated effort to see that justice was not done: Mehta
The CBI stance is ironic. CBI argued before this court late in the evening without serving me a copy, informing me, no natural justice. Order was obtained by complete misrepresentation and does not stand in law: Dr. Singhvi
And an impression is given there is breakdown of law and order because ministers came in support of arrested persons and after arguing at length before trial court: Dr. Singhvi.
From 2014-21 there is no intimidation of witnesses. In 2021 they rush to Governor despite Constitution bench judgments of Supreme Court: Dr. Singhvi
Senior Advocate Sidharth Luthra for accused now argues.
This is a matter of liberty. We had served the recall application on them so that they are not taken by surprise. Luthra also opposes Mehta asking for time to file reply to the recall application
This was mentioned by Mr. Dastoor. He said CBI won't be able to produce the accused before court because people is sitting outside CBI: Acting CJ Rajesh Bindal
CBI is an agency which is operating under a stay order of Supreme Court (referring to CBI Constitutionality order of Gauhati HC being stayed by SC in 2013). If that stay goes...: Luthra
Today I am only saying let my recall be heard: Luthra
Both my friends are saying CBI made some misrepresentation before this court. I had clearly stated the circumstances existing for staying the order: Mehta
SG says CBI needs time to file reply to recall application.
My petition is not just s. 407. It is a wider petition: Mehta
The crowd tried to enter CBI office and gharaoed the office. It was an orchestrated move making it impossible for CBI officers to move out of their office: Mehta
Unruly mob not only indulged such activities in CBI office at Nizam Palace, but also indulged in stone pelting and heckled CBI officers: Mehta
The mob also created hindrance in submitting hard copies of chargesheet. All attempts were to ensure that accused are not produced before the Court: Mehta
It is imminent and evident from the threatening presence of 1000s of miscreants that it was intended to terrorise the investigating agency and prevent it from discharging its functions: Tushar Mehta
If these events are not an abuse of process of law, then I don't know what it is. I was prevented from arguing before special court, I was prevented filing chargesheet, case diary: Tushar Mehta
It was intended to show the court the influence of the accused. 'Look the Chief Minister is sitting in dharna for the accused,' that is the message: Tushar Mehta
If they want to challenge bail they could have done it proper manner, not in this chaotic manner: Dr. Singhvi
These protests do you think the judge was not prevented from discharging the duty? The CM remaining in CBI for 5 to 6 hours was not systemic? Acting CJ Rajesh Bindal
Sr Adv Kalyan Banerjee says minister was not inside court room only in court complex.
He went there as MLA. Not minister: Singhvi
A minister of different from MLA: Acting CJ Rajesh Bindal
How can presence of MLA impede justice dispensation especially when hearing is virtual: Dr. Singhvi
There is outpour of emotion in such cases. Your Lordships might know in cases involving Salman Khan, Sanjay Dutt there is such outpour of emotion: Dr. Singhvi
That does not mean judge is influenced and that justice dispensation was impeded: Dr. Singhvi
The attempt is to connect two unconnected things. Grant of bail and protests not connected: Dr. Singhvi
I am saying there was an outpouring of emotion but that is being used as a pretext, as a sidewind.
Unless such protests impedes justice dispensation, it cannot be used to deny bail: Dr. Singhvi
We pay democracy tax. We compare India and China. Democracy means there has to be some lack of order. That has to be permitted as long as it is not exhorting violence: Dr. Singhvi
How can you explain Chief Minister present for 6 hours? Acting CJ Rajesh Bindal
How can it be not protest if the person is not there for few hours? It is Gandhian way of protest: Dr. Singhvi
Stone pelting also? Acting CJ
Certainly not. I can show video of minister getting down from car and asking protestors to maintain calm and make way. All these was not told by CBI. That is why it was important to issue notice: Dr. Singhvi.
What happened was peaceful Gandhian protests by Chief Minister, Law minister and colleague ministers. They exhorted people not to be violent: Dr. Singhvi
CM went to office of SP1 with her family members to protest: Singhvi
So these legal issues can be settled in street? Acting CJ Rajesh Bindal.
The fact that an issue is in court does not mean there can be protests as far as they are democratic. Singhvi cites Farmers protests: Dr. Singhvi
It is a very wrong thing to say that because the issue is in court, democratic dissent cannot and must not stop: Dr. AM Singhvi
Luthra says accused have been interrogated. Police custody is sought for investigation. Their chargesheet says investigation over but they want judicial custody. If investigation is over why do they need custody? Sidharth Luthra
They did not arrest us for 4 years. Then they file chargesheet. Where is the occasion to arrest us when investigation is over? Luthra
I have practiced in trial courts. In such cases of injustice there is outpouring of emotions: Luthra.
Kalyan Bandhopadhya says CBI sought sanction from Governor in January 2021.
Now when CM resigns after elections, sanction is granted. Governor kept request for sanction pending for 5 months. Why? Bandhopadhyay asks.
#SupremeCourt to shortly hear plea by an undertrial prisoner from Uttarakhand stating that undertrials cannot be equated with convicts for the purpose of grant of parole to prevent over-crowding in jails amid the #COVID pandemic. Plea seeks parole in line with recent SC order
The petitioner stated that the decision of the State High Powered Committee (HPC) to deny the benefit of parole to undertrial prisoners charged with offences punishable with more than 7 years' imprisonment, would be violative of Article 21 of the Constitution.
Adv Rishi Malhotra: Supreme Court had directed to formed high powered committees so that decision can be taken to release prisoners owing to over crowding of jails. Recently CJI NV Ramana led bench asked HPC to issued orders to consider the undertrial cases afresh
Calcutta High Court to resume hearing today in the case relating to arrest of four @AITCofficial leaders, Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee in Narada case.
Track this thread for live updates from the court.
Breaking: Narada matter to be heard by larger Bench, order Calcutt High Court
Court also order the TMC leaders be kept in house arrest instead of custody in jail in tune with recent judgment of Supreme Court in Gautam Navlakha case
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Andhra Pradesh has informed the Supreme Court that @RaghuRaju_MP had made consistent and deliberate attempts to incite disaffection towards the State government by creating wedge between various classes and groups of citizens #SupremeCourt @ysjagan
Vacation Court Bench led by Justice SJ Kathawalla of #BombayHighCourt to hear the application of Father Stan Swamy seeking bail on medical grounds in connection to the #ElgarParishadcase of 2018.