Thread by @barandbench

A 5-judge Bench of Calcutta High Court will resume hearing in Narada case in relation to arrest of four senior TMC leaders by CBI.

Track this thread for live updates from court.

#NaradaScam #MamataBanerjee
#CalcuttaHighCourt

@AITCofficial @MamataOfficial
@FirhadHakim

Hearing in Narada case regarding arrest of 4 TMC leaders to commence before 5-judge Bench of Calcutta High Court at 2 pm.

It was earlier slated to be held at 11 am but was postponed.

#NaradaScam #calcuttahighcourt

@AITCofficial @MamataOfficial
@FirhadHakim

Bench assembles; Hearing commences

#CalcuttaHighCourt #NaradaStingCase

Advocate General Kishore Dutta points out how SLP was filed in Supreme Court.

In that SLP, State of West Bengal was made a party, says AG Dutta.

SG Tushar Mehta says no difficulty in joining State of West Bengal as party.

#NaradaStingCase #MamataBanerjee
#CalcuttaHighCourt

Before starting arguments, Your Lordships may pass an order adding State of WB as party: AG Kishore Dutta.

#CalcuttaHighCourt

Calcutta High Court allows plea to make State of West Bengal party to the case.

#CalcuttaHighCourt #NaradaStingCase

@MamataOfficial

Solicitor General Tushar Mehta commences arguments.

#naradastingcase #calcuttahighcourt #MamataBanerjee

Apart from seeking transfer, I am invoking Court's jurisdiction under Art 226 of Constitution and Section 482 CrPC that entire proceedings before special court are vitiated and non est: Tushar Mehta

#NaradaStingCase

The issue involves seminal issues as to how rule of law and dispensation of justice is perceived by the Constitution.

In this State, similar incidents are happening frequently: Tushar Mehta

#NaradaScam #CalcuttaHighCourt

Today we are seeing political leaders indulging in orchestrated attempts. If this mobocracy is not checked by Constitutional courts of the country, then trmw if a gangster is arrested, his supporters will also gherao of CBI office: Tushar Mehta

My submissions should not be seen as casting aspersions on special judge who granted bail. The issue is that proceedings should not be perceived as not inspiring public confidence: Tushar Mehta

In this regard, the confidence of common man has to be the benchmark to be considered while ascertaining the public confidence in system: Tushar Mehta

Mr. Mehta, you say you don't have exception to the judge' s order.

Unless you can show that alleged mobocracy had any effect on the judge, how can you invoke Art 226: Calcutta High Court

The question is not whether the judge was under intimidation or not. The question is whether the perceived intimidation could shake the common man's faith in the system: SG Tushar Mehta

#CalcuttaHighCourt

I ask Your Lordships to please forget the issue of legality of arrest for the time being. The question now is can they seek bail by such conduct: SG Tushar Mehta

#NaradaStingCase #NaradaCase #CalcuttaHighCourt

Your Lordships are not being disturbed in a 5 judge composition to decide whether they can be granted bail.

Your Lordships are being called upon to decide the larger issue of rule of law and whether it warrants this Court's interference: SG Tushar Mehta

#CalcuttaHighCourt

Tomorrow this could happen in some other State. Tmrw if a gangster is arrested or a leader of a community is arrested, people can gather and intimidate investigation agency: SG Tushar Mehta

#naradastingcase

Court says there are many such sensitive issues in India which can lead to public outrage.

Common man might go with sentiments. Rule of law is paramount. I don't think judge who wrote order of bail...the other issues are different. I don't think perception of common will avert dispensation of justice: Justice Harish Tandon

This incident of ministers barging into court and CBI office for supporting accused has replaced Constitutional rule of law: SG Tushar Mehta

Justice Arijit Banerjee asks whether these issues should be considered at all for grant of bail.

Your Lordships need not be sitting in 5- judge combination to decide bail. This bench is deciding more significant issue of whether the proceedings before the CBI court was vitiated.

Justice Mukerji says 5- judge bench is considering all issues including bail aspect.

SG Mehta clarifies that he is not saying that.

Please don't misunderstand me. What I am saying is the bail aspect should not cloud the larger issue I am raising: SG Tushar Mehta

#NaradaScam

Your Lordships are correct when you said when a film star or spiritual leader is arrested, supporters come out in open.

But this is a case where Constitutional functionaries laid siege to CBI office: SG Tushar Mehta.

#calcuttahighcourt

This is mobocracy, not democracy: SG Tushar Mehta

#calcuttahighcourt

I have placed on record video footage, and other evidence. As of now, this is unrebutted. This is a serious issue: Tushar Mehta

Kalyan Bandhopadhyay says his recall application should be heard first.

Otherwise Solicitor General will go on arguing the main matter while my clients will remain under house arrest: Kalyan Bandhopadhyay

#NaradaScam

On lighter side, Mr. Bandhopadhyay we are all under house arrest due to lockdown: Acting CJ Rajesh Bindal

Bandhopadhyay says administration will be affected people will suffer if these leaders are under house arrest.

#NaradaScam #naradastingcase

I have not understood which jurisdiction Your Lordships are exercising. It is paining me: Kalyan Bandhopadhyay

In my 40 years, I have never seen an order passed by this High Court in violation of natural justice: Kalyan Bandhopadhyay

#CalcuttaHighCourt #NaradaStingCase

We are not here for academic submissions or to listen to anyone's speech: Bandhopadhyay makes vehement submissions.

Dr. Singhvi says Bandhopadhyay rightly perturbed.

I am endorsing it with less emotion: Dr Singhvi

@DrAMSinghvi

Your Lordships are nor entitled to transfer and even if Your Lordships are so entitled, bail order cannot be stayed without hearing accused: Dr. Singhvi

Mr. Mehta's opening submissions makes it clear that he wants the Court to go into everything except bail: Dr. Singhvi

@DrAMSinghvi

#calcuttahighcourt #NaradaScam

Justice IP Mukerji says if bail is granted today it would virtually amount to dismissal of this case. So it is not a simple issue, says Justice Banerji.

Dr. Singhvi says even if bail is granted and later court decides in favour of CBI on mobocracy issue then they can be put back in jail.

@DrAMSinghvi

My issue is Mr. Mehta is not arguing on bail at all: Dr. Singhvi

Sidharth Luthra also echoes similar views.

Question is my application should be heard. Matter may continue: Bandhopadhyay

On Dr. Singhvi's remark that Bandhopadhyay got emotional, Bandhopadhyay says

"I belong to lower house elected by people. He belongs to upper house elected by MLAs."

So I have to look at people's emotions, he adds.

Bandhopadhyay insists recall application has to be heard first under Article 226(3)(b)

#NaradaScam #calcuttahighcourt

SG Mehta says that is Art. 226(3) comes in when main matter is not heard. The at least the application should be heard.

Not when main matter is being heard like here: SG Tushar Mehta

Their issue is can their liberty be curtailed in the interim by way of an order which was passed hearing them: Justice Soumen Sen.

#CalcuttaHighCourt #NaradaStingCase

Bench takes break to confer.

#NaradaCase

Bench assembles.

Court says it will hear recall application first thing tomorrow in the morning.

#NaradaStingCase #CalcuttaHighCourt

Kalyan Bandhopadhyay why Suvendu Adhikary and Mukul Roy are not joined as parties.

Only those on Trinamool side are made party: Bandhopadhyay

This was on issue of serving necessary parties.

#NaradaScam #NaradaStingCase

I can only answer legal question.

My answer is only chargesheeted accused have been made parties: SG Tushar Mehta

#NaradaScam

If adjectives could win the case, then my learned friend has already won the case: Dr. Singhvi on SG Tushar Mehta's arguments saying he has 8 adjectives used by SG

I could not even make such a list on him (Dr. Singhvi) because it is more than 100: SG Tushar Mehta

@DrAMSinghvi

Discussion now on modality of filing judgment compilation. Acting CJ says judgments shared by SG on google drive could not be accessed.

SG says ASG will share physical copies

Order: At the commencement of the hearing, SG Tushar Mehta made request for impleadment of State of West Bengal as respondent 9 in the petition filed by CBI.

The request is accepted. State of WB is impressed is R. 9.

Advocate General Kishore Dutta accepts notice on behalf of State of WB.

It further transpired that advance copies were not serves on respondents ,5 to 8 in the petition.

Let copies of petition be served on them.

It was submitted by counsel for respondents 1 to 4 that since question of liberty is involved, let their application for recall of May 17 order be heard first before hearing larger issues raised by Solicitor General Tushar Mehta

We accept the same. Let arguements on recall application be heard first.

List on May 28 at 12 in afternoon.

#NaradaScam #CalcuttaHighCourt #MamataBanerjee

Affidavits to be filed by respondents during course of the day be taken on record.

SG says he be given liberty to respond to the same. Liberty granted.

Bench rises. Hearing to continue at 12 tomorrow.

#CalcuttaHighCourt #NaradaStingCase

@AITCofficial @MamataOfficial

[Narada case] Unless you can show that alleged mobocracy had effect on the judge, how can you invoke Article 226?Calcutta High Court

#NaradaScam #calcuttahighcourt

@AITCofficial @MamataOfficial

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[Narada case] In my 40 years practice, never seen an order passed by Calcutta High Court in violation of natural justice: Kalyan Bandhopadhyay

#NaradaStingCase #CalcuttaHighCourt

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