Thread by @barandbench

[#NaradaScam]

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

@MamataOfficial

#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.

Bench and Solicitor General agree.

Matter to be taken up at 2 pm in the afternoon.

#CalcuttaHighCourt #NaradaScam

@MamataOfficial @DrAMSinghvi

Bench assembles. Hearing commences
Solicitor General Tushar Mehta begins arguments.

#CalcuttaHighCourt #NaradaScam

The facts are perhaps unprecedented in the history of the country: Mehta

#CalcuttaHighCourt #NaradaScam

@AITCofficial

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

#CalcuttaHighCourt #NaradaScam

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.

#CalcuttaHighCourt #NaradaScam

Mehta says prosecution was not even allowed to show charges against accused.

"We were physically prevented," Mehta.

#CalcuttaHighCourt

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

#CalcuttaHighCourt #NaradaScam

@AITCofficial

The question of bail is not about them cooperating or not cooperating. It is about them being able to influence witnesses and trial: Mehta

#CalcuttaHighCourt #NaradaScam

This issue was raised by CBI in trial court: Justice Banerjee

#CalcuttaHighCourt

Lets us hear what they have to say: Acting CJ Rajesh Bindal

#CalcuttaHighCourt #NaradaScam

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

#CalcuttaHighCourt #NaradaScam

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

#CalcuttaHighCourt #NaradaScam

There might be no such instance when a premier investigating agency was prevented from doing what this Court had entrusted: Mehta

#CalcuttaHighCourt

I agree it is unprecedented. What CBI has done has never happened before: Dr. Singhvi

#CalcuttaHighCourt #NaradaScam

The test of liberty is on. Every argument my learned friend made is to keep then in jail for 1, 2 or 3 days: Dr. Singhvi

#CalcuttaHighCourt

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

#CalcuttaHighCourt

No court in India can give an order cancelling bail without giving notice to the accused and hearing the accused: Dr. Singhvi.

#CalcuttaHighCourt
#NaradaScam

@AITCofficial

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.

#CalcuttaHighCourt #NaradaScam

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

#CalcuttaHighCourt

The learned special judge was hearing the matter through Video conference which is noted in the order itself: Sidharth Luthra.

#CalcuttaHighCourt #NaradaScam

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

#CalcuttaHighCourt

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

#CalcuttaHighCourt #NaradaScam

SG Tushar Mehta objects to interruptions. We are not on a public street. Please allow me to place CBI's case before the Court: Mehta

#CalcuttaHighCourt #NaradaScam

Mehta stating how CBI was restrained from discharging its functions.

It was well planned and well thought out to not allow judge to decide the bail: Mehta

#CalcuttaHighCourt

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

#CalcuttaHighCourt

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

#CalcuttaHighCourt

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

#CalcuttaHighCourt #NaradaScam

Another shocking development was when State law minister reached special court with a group of people and remained present there: Tushar Mehta

#CalcuttaHighCourt #NaradaScam

The petitioner agency was prevented from producing case diary before special court: Tushar Mehta

#CalcuttaHighCourt #NaradaScam

@AITCofficial

The entire exercise was to put pressure on system of administration of justice

I am also invoking your Lordships jurisdiction under section 482 to prevent abuse of process of law: Tushar Mehta

#CalcuttaHighCourt

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

#CalcuttaHighCourt

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

#CalcuttaHighCourt #NaradaScam

If this order of High Court is vacated, it will mean that all the orchestrated attempts to frustrate justice succeeded: Tushar Mehta

#CalcuttaHighCourt

I beseech Your Lordships not to allow this prayer that CBI should not be given time to file reply.

I am not asking for a lot of time. Your Lordships may keep it today or tomorrow: Tushar Mehta

#CalcuttaHighCourt #NaradaScam

Kindly allow me to file my reply tomorrow: Tushar Metha concludes

Dr. AMSinghvi commences.

This order was obtained by misleading court and by fraud and actuated by blatant vendetta and malafides. It was without jurisdiction: Dr. Singhvi

#CalcuttaHighCourt

@AITCofficial @DrAMSinghvi

It is a novel argument that I must continue to be arrested until CBI files reply: Dr. Singhvi

#NaradaScam

The wrong committed by moving parallel plea before High Court should be set right: Dr. AM Singhvi

#CalcuttaHighCourt

The correct course was to challenge the order of special court. This was not the way: Dr. Singhvi

#CalcuttaHighCourt #NaradaScam

One, CBI participated virtually for hours before special court.

Two, CBI requested for virtual hearing and I agreed: Dr. Singhvi

#CalcuttaHighCourt

Three, not a whisper of suggestion about CBI being intimidated by mob on streets

Four, arrest of ministers led to protestations by colleagues which was used by them as excuse: Dr. Singhvi

#CalcuttaHighCourt

Should such protests be allowed is what you are saying: CJ

No, that would be distorting my arguments: Dr. Singhvi.

The protests did not impede the CBI to produce them before court.

Anybody has democratic right to protest. Their colleagues were arrested after 7 years: Dr. Singhvi

The MLAs felt that their colleagues were arrested on political vendetta because somebody could not digest defeat in elections: Dr. AM Singhvi

#CalcuttaHighCourt

It is an oxymoron to use the word premier (for CBI).

They sprint 100 yards to Governor before the swearing in of Cabinet to get sanction. They have to get sanction from speaker: Dr. Singhvi

#CalcuttaHighCourt

Will anybody suggest that two accused who are ministers are flight risk.

Also which possible evidence which of they wanted, they could have destroyed since 2011 will be destroyed now. It is common sense: Dr. AM Singhvi

#CalcuttaHighCourt #NaradaScam

Some people were not outraged. Some were. Those who were outraged protested.

As Voltaire said "I might be disagree with you but I will defend to death your right to disagree with me," Singhvi.

#CalcuttaHighCourt

Mehta says stone pelting is not outrage.

What is not told Your Lordships is that the CBI asked for virtual hearing, we agreed and CBI argued before special court for 4 hours: Dr. Singhvi

There is no remotest suggestion that the judge was overawed: Dr. Singhvi

Should judge record he was intimidated? CJI Bindal

Recording is one word. There is not even a hint or suggestion: Singhvi

#CalcuttaHighCourt #NaradaScam

Before High Court, no notice was issued.

The letter to CJ of HC does not mention Section 407 at all. No mention no prayer. This is unprecedented: Dr. Singhvi

#CalcuttaHighCourt

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

#CalcuttaHighCourt

Section 407 test is if judge is not able to hear the matter and access to justice is being denied: Dr. AM Singhvi

#CalcuttaHighCourt #NaradaScam

The judge heard matter and passed an order where there is no mention at all of these: Dr. AM Singhvi

Dr. Singhvi taking court through the special court order.

#CalcuttaHighCourt #NaradaScam #NaradaCase

Singhvi highlights how the matter came to be heard virtually by special CBI court on request of CBI

#CalcuttaHighCourt #NaradaCase

Can this court stay bail on the ground that minister was protesting in CBI office: Dr. Singhvi

Have we heard of law minister going to court: Acting CJ Rajesh Bindal

#CalcuttaHighCourt

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

#NaradaScam #CalcuttaHighCourt

Did the judge even know the minister was there. There were lot of people there. It was natural: Dr. Singhvi

It is not natural: Acting CJ

#NaradaScam

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

#CalcuttaHighCourt

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

#CalcuttaHighCourt

CM did not do any protest. She went with family of accused to register her dissent: Singhvi

But all this is digression. Because what Your Lordships is hearing today is bail: Dr. AM Singhvi.

#CalcuttaHighCourt #NaradaScam

Can we continue tomorrow? Acting CJ Rajesh Bindal

#CalcuttaHighCourt #NaradaScam

@AITCofficial

Tushar Mehta asks for court to take it up day after tomorrow.

Court takes 5 minute recess.

Justice Arijit Banerjee says he wants to discuss something with Chief Justice.

Court takes a break.

#CalcuttaHighCourt

Bench reassembles.

#CalcuttaHighCourt #NaradaScam

Can we continue tomorrow? Acting CJ

Singhvi agrees, requests that accused be released on interim bail.

Two are in hospital. Where can they run away. They will be subject to Your Lordships jurisdiction. It is a request: Dr. Singhvi.

#CalcuttaHighCourt #NaradaScam

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.

#CalcuttaHighCourt #NaradaScam

Bandhopadhyay says when Magistrate asked whether they wanted police custody, they said yes.

Later they changed their stance: Bandhopadhyay

#CalcuttaHighCourt #NaradaStingCase

Advocate General Kishore Dutta says State not serves though allegation of law and order raised.

SG says CBI will serve though transfer plea is between CBI and accused

#CalcuttaHighCourt

Luthra say one of the accused Sivan Chhatterjee has high risk of COVID. He is not a minister or influential person.

Bench says will resume hearing tomorrow. Hearing at 2 pm on Thursday.

#CalcuttaHighCourt #NaradaScam #NaradaCase

@AITCofficial @jdhankhar1

[Narada case] Calcutta High Court to continue hearing case tomorrow; No interim relief yet for arrested TMC leaders

@AITCofficial @MamataOfficial @jdhankhar1 #CalcuttaHighCourt #NaradaStingCase #NaradaCase

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