Thread by @barandbench

5-judge Bench of Calcutta High Court to resume hearing today in Narada scam plea by CBI to transfer case before special court to High Court

#calcuttahighcourt #NaradaScam
#MamataBanerjee

@AITCofficial @MamataOfficial

On Friday last week, the Court had granted interim bail to the four @AITCofficial leaders, Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee, who were arrested by the CBI in relation to the case on May 17.

#NaradaScam #naradastingcase

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Bench assembles. Hearing commences.

#WestBengal #CalcuttaHighCourt #naradastingcase #MamataBanarjee

@AITCofficial @MamataOfficial

Additional Solicitor General KM Nataraj appears on behalf of CBI.

Says Solicitor General Tushar Mehta is on his legs in Supreme Court in Covid matter.

Requests for matter to be taken up post lunch at 2.30 pm.

#COVID19India #CalcuttaHighCourt

Bench says this Bench is available only till 3 pm. Asks whether matter can be taken up tomorrow.

SG Tushar Mehta appears on screen. Says Covid matter going on in Supreme Court. Asks whether matter can be taken up at 2 pm.

Bench agrees.

#naradastingcase #CalcuttaHighCourt

Bench rises; to reassemble at 2 pm.

#naradastingcase #CalcuttaHighCourt

Bench reassembles. Hearing commences.

#naradastingcase #CalcuttaHighCourt

@AITCofficial @MamataOfficial

Advocate General Kishore Dutta makes preliminary objections; questions maintainability

He says this proceeding cannot have been heard by Division Bench. Does not have jurisdiction as per Appellate Rules or Letters Patent to hear this matter

#CalcuttaHighCourt #naradastingcase

CBI could not have written such a letter or filed a petition before Division Bench: Kishore Dutta

Solicitor General strongly objects. Says he needs to be heard for 5 minutes.

"This is extremely unfair to me. Allow me to speak"

#CalcuttaHighCourt

"The country wants to know and the Constitutional court cannot throw away the Matter on technical grounds": Tushar Mehta

Country also wants to know whether rules of court can be dispensed with: Kalyan Bandhopadhyay

This shows State does not want this court to go into merits. The state is embarrassed of court goes into the merits: Tushar Mehta

Acting CJ Rajesh Bindal tells Advocate General Kishore Dutta he cannot dictate terms on how court should hear a matter.

I have right to make a prayer. Even if it is wrong prayer: AG Kishore Dutta

#CalcuttaHighCourt

It was not expected from State to argue this: Tushar Mehta.

I am arguing for the Rules. I am arguing for the procedure this chartered court has fixed: Dutta

The State does not want court to look into merits on technical grounds: Tushar Mehta

These are not technical issues, these are legal issues: Kishore Dutta

#CalcuttaHighCourt

SG Tushar Mehta tries to commence arguments.

AG Kishore Dutta interrupts. Says he must be permitted to place the rules of the High Court before the Bench

This is really frustrating: Tushar Mehta

Justice Harish Tandon says what is the difficulty in hearing all issues including maintainability and merits.

#CalcuttaHighCourt #NaradaScam

You are asking to compartmentalise the issue and asking us to decide on jurisdiction.

So I am saying let all issues be heard including this issue: Justice Harish Tandon

Dutta says he be allowed to place the one Rule before proceeding further.

Dutta says the matter should have gone to single judge.

"Mr Mehta wants to start on merits. He cannot simply say there is siege in CBI office so matter has to go to Division Bench" Kishore Dutta

Justice Tandon says the issue can be raised and court will consider it along with other issues.

Tushar Mehta tries to make submission but Dutta interrupts.

Acting CJ Bindal says half an hour wasted on this issue.

Tushar Mehta says allow him to commence.

"We are product of chartered High Court. We may not be top graded product of Supreme Court. But we do know little bit of law:" Kalyan Bandhopadhyay weighs in support of AG Dutta.

Tushar Mehta says nobody is disputing his capability.

"He is much senior and knowledgeable," says Tushar Mehta

SG Tushar Mehta commences arguments.

Bench and Bar trying to sort out where relevant pleading are.

I am ever so grateful to Sabyasachi Mukherjee, says Tushar Mehta when he helps with some papers.

Why not grateful to me: Kalyan Bandhopadhyay

I am extremely grateful to you Mr. Bandhopadhyay: Mehta

But please don't arrest me ok: Bandhopadhyay.

He has arrested you with his affection: Sidharth Luthra

The papers in this case are like an ever growing child, remarks a judge on the Bench.

The voluminous papers in case has both Bench and lawyers confused. Trying to sort out the issue.

We will continue tomorrow then, says Bench

SG Tushar Mehta says please allow him to make arguments first.

This is an issue of seminal importance: Mehta.

Hearing over. Matter to be heard tomorrow at 11.30 am.

#naradastingcase #naradacase #CalcuttaHighCourt #MamataBanerjee

[Narada Hearing] "Case should have gone to single-judge:" AG Kishore Dutta; "Country wants to know:" SG Tushar Mehta [Read Full Exchange]

report by @legaljournalist

#naradastingcase #MamataBanerjee

@AITCofficial @MamataOfficial

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