Thread by @barandbench

5-judge Bench of Calcutta High Court to resume hearing in case relating to Narada scam where CBI is seeking transfer of trial to High Court on law and order grounds.

#naradascam #CalcuttaHighCourt #MamataBanerjee

@AITCofficial @MamataOfficial

Yesterday's hearing was marked by heated exchange between lawyers.

Read full story here

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Bench assembles. Hearing commences

#NaradaCase #CalcuttaHighCourt #MamataBanerjee

Some lawyers of Calcutta High Court Bar have sought intervention in Narada case.

SG Tushar Mehta says some allegation has been made against some individual.

Advocate Jyoti Basu says he can respond to Mehta.

Bench says intervention not allowed yet.

SG Tushar Mehta commences his arguments

#NaradaCase #CalcuttaHighCourt

This is a matter of seminal importance. It is the first time in this democracy and possibly in any democracy some Constitutional functionaries laid siege to an investigation agency's office which was investigating a case on this Court's order: SG Tushar Mehta.

#NaradaCase

Your Lordships decision in this case will have far reaching impact and could go a long way in the body politic of this country: SG Tushar Mehta

#NaradaCase #NaradaScamCase #CalcuttaHighCourt

There was a perceived bias which led to proceedings before Special court being vitiated: SG Tushar Mehta

#CalcuttaHighCourt #NaradaCase

Criminal proceedings affect society and fabric of society at large: SG Tushar Mehta

#NaradaCase #tusharmehta

In my arguments, I will also cover what are grounds of transfer under section 407 CrPC: Tushar Mehta

#CalcuttaHighCourt

I would also cite precedents in how Constitutional functionaries are expected to conduct themselves: SG Tushar Mehta

This is not merely a petition for transfer under s. 407 but it also invokes this Court's Constitutional prerogative powers under Article 226, supervisory powers under Art 227 and inherent power under S. 482 CrPC: SG Tushar Mehta

#NaradaCase #WestBengal

I will also argue on power of Chief Justice to treat letters as petition. This is not new and I won't have to labour much on this: Tushar Mehta

I am not seeking cancellation of bail. I am saying proceedings itself of special court are vitiated: SG Tushar Mehta

#NaradaCase #WestBengal

If I am seeking cancellation of bail, I have to show grounds like possibility of destroying evidence etc. That is not my argument: SG Tushar Mehta

SG Mehta reading out the events of May 17 when CBI officer was gharaoed by CM Mamata Banerjee and supporters.

Thousands of followers of arrested leaders resulted to stone pelting and rioting, heckled CBI officers: SG Tushar Mehta.

#WestBengal #NaradaCase

Bench asks whether copy of chargesheet was sent to special court physically or via soft copy?

SG Tushar Mehta says police protection was granted to CBI officer on May 17 evening and it was submitted physically.

So special court had hard copy of chargesheet before order was passed by it: Bench.

#NaradaCase #WestBengal

Mehta says the justice should not only be done but also seem to be done.

But here it was engineered and planned efforts to put pressure on the system and court: SG Tushar Mehta

The proceedings before special court were therefore vitiated by pressure tactics never before seen in this country: SG Tushar Mehta

#NaradaScamCase #WestBengal #CalcuttaHighCourt

Their response show that they are not disputing the events that happened at CBI office: SG Tushar Mehta

#WestBengal #CalcuttaHighCourt

These are not isolated incidents but have happened before too in West Bengal where high Constitutional functionaries resort to threat and intimidation: SG Tushar Mehta

#NaradaCase #WestBengal

@AITCofficial

Mehta cites earlier instance in which CBI faced attack from TMC supporters in 2018.

Bench asks whether CBI has initiated any action against such attacks.

Tushar Mehta cites petition before Supreme Court on the issue.

The issue was raised before Supreme Court in a contempt petition and the same is pending: Tushar Mehta

Bench says the person against whom the allegation has been raised by CBI got anticipatory bail from High Court only.

Bench, therefore asks about Mehta's submission on perceived bias in that context vitiating court proceedings

Mehta says he is speaking about perceived bias in the eyes of common man that the proceedings might have been influenced.

I am not claiming that it was vitiated. It is about perceived bias: Mehta

But why should these accused suffer die to that: Bench asks.

#NaradaCase #WestBengal #CalcuttaHighCourt

The question is whether what was happening as the special court proceedings were going on, vitiated the proceedings.

The question is not whether the learned judge was in fact influenced or terrorised: Tushar Mehta

Tushar Mehta says the questions are:

A. Am I justified as prosecuting agency to feel I did not get fair hearing.

B. Whether common man perceives it as an instance where justice does not 'seem to have been done'.

#NaradaCase
#WestBengal

Such things narrated here have not happend in any democracy or any other democracy of the world: Tushar Mehta

There have been numerous instances of Union and state ministers have been arrested. But it was never met with hooliganism: Tushar Mehta

#WestBengal #NaradaCase

@AITCofficial

Mehta citing UK case laws on how proceedings will be vitiated on account of threat and what the test for the same would be.

#NaradaCase #CalcuttaHighCourt

Bench rises for lunch. To continue at 2 pm.

#NaradaCase #CalcuttaHighCourt #MamataBanerjee

Bench assembles; hearing resumes

#NaradaScam #CalcuttaHighCourt

@AITCofficial @MamataOfficial

Tushar Mehta citing Pinochet judgment on rule of bias and impartiality.

#CalcuttaHighCourt #NaradaCase #WestBengal

The judgment says judge must not only be impartial but also be SEEN to be impartial: SG Tushar Mehta

#NaradaScam #WestBengal

Acting CJ says the judgments cited by you are primarily on bias of judge.

#CalcuttaHighCourt

The Pinochet judgment carves out a third principle of what the common man's perception is and whether judge could remain objective or not as per a reasonable observer: Tushar Mehta

Could an observer get an impression that the acts of people outside court led to a situation where judge could not exercise his discretion properly? This should be looked into: Tushar Mehta

#NaradaCase #CalcuttaHighCourt

The bias we are speaking about on the part of the judge is not bias due to the judge's personal prejudice but due to the fear created by acts of people outside the court: SG Tushar Mehta

#NaradaCase #MamataBanerjee #CalcuttaHighCourt

The judge knows there is a crowd. The judge might not have been influenced it. But will a fair minded individual observer get an impression there won't be fair hearing in the matter, asks SG Tushar Mehta

#CalcuttaHighCourt #NaradaCase

The test is not whether judge was actually influenced or not. But what is relevant is whether an individual observer felt there is likelihood of bias: SG Tushar Mehta

#NaradaScamCase #WestBengal

Peaceful protests and assembly is allowed under our Constitution. It is allowed against executive action. So how does it create an impression in a common person that such a protest will influence judiciary: Justice IP Mukerji

The hearing was on a virtual platform. He had no information that there were somebody outside. Will that influence the judge: Justice Soumen Sen to SG Tushar Mehta

#NaradaCase

The judge might not have been aware. It is not necessary for judge to be aware and be biased. The test is what a reasonably informed common man would feel about the proceedings: Tushar Mehta.

#CalcuttaHighCourt #NaradaCase

If so, your counsel could have asked for adjournment of proceedings: Justice IP Mukerji.

Court should not restrict to the bail order alone: Mehta

This was engineered and orchestrated and accused benefitted from it. The crowd outside the special court dispersed only after bail was granted: SG Tushar Mehta

#naradastingcase #MamataBanerjee #WestBengal

Mehta seeks to distinguishes instances of crowd gathering in cases of film stars and godmen.

Those might not be orchestrated especially film stars. Godmen 50 percent it could be: Tushar Mehta

Instances of orchestrated hooliganism (in case of politicians) have happened before also in West Bengal. This is not solitary incident. This happened before also when Police commissioner was sought to be arrested by CBI: Tushar Mehta

#WestBengal #CalcuttaHighCourt

Mehta citing Indian case laws in test for bias.

Courts must look at the impression other people might get. This flows from the principle that 'justice must not only be done but also seem to be done'.

#TusharMehta #WestBengal

If I as a common citizen have reasonable grounds to believe justice is not done, then the proceedings would stand vitiated: SG Tushar Mehta

It happened in 2018, 2021. Whenever a leader of ruling dispensation is arrested the Chief Minister rushes to protest against it: Tushar Mehta

#CalcuttaHighCourt #WestBengal

Bench commends SG Tushar Mehta for his arguments.

These are illuminating arguments. I feel like a student Justice IP Mukerji.

Justices Soumen Sen and Arijit Banerjee also echoes similar views.

#NaradaScam #CalcuttaHighCourt

Bench rises for the day. Hearing to continue tomorrow at 11.30 am.

#NaradaScamCase #WestBengal #MamataBanerjee

@AITCofficial @FirhadHakim