Thread by @barandbench

5-judge Bench of Calcutta High Court will resume hearing today on CBI transfer plea in relation to Narada scam and arrest of 4 TMC leaders.

Track this thread for live updates from the Court

#NaradaScam #CalcuttaHighCourt #WestBengal #MamataBanerjee

@AITCofficial

Bench to assemble at 11.45 am.

#NaradaScam #CalcuttaHighCourt #WestBengal

Latest update: Bench to sit at 12 in afternoon

#NaradaScam #CalcuttaHighCourt

Bench assembles; hearing commences.

ASG KM Nataraj to argue for CBI for now since SG Tushar Mehta on his legs before another court.

#NaradaScam #CalcuttaHighCourt

ASG KM Nataraj's voice not audible. He is trying to rejoin the hearing.

#NaradaScam #CalcuttaHighCourt #WestBengal

SG Tushar Mehta has joined the hearing.

#NaradaScam #CalcuttaHighCourt

SG Tushar Mehta continues. Points out how test to determine bias has evolved from pecuniary and personal bias to the views of common man on how actions of others impact proceeding

#NaradaScam #CalcuttaHighCourt

Mehta says impartiality in the present context is not any allegation against the Trial judge of any bias, pecuniary or personal. It is the proceedings being vitiated due to external actions of others: Mehta

#NaradaScam #WestBengal

In a criminal trial, perception is significant.

Mehta cites Indian judgments in this regard.

"Appearance of injustice is denial of justice," Mehta quotes Olga Tellis judgment.

#NaradaScam #WestBengal #CalcuttaHighCourt #MamataBanerjee

Mehta citing Rupa Ashok Hurra.

The observations in Rupa Ashok Hurra is in the context of stare decisis, justice Soumen Sen.

How is it applicable when substantive law in place?

In this country we cannot shut our eyes to the fact the chief minister entire cabinet is coming out in support of accused and putting pressure on system: Tushar Mehta

Let us accept your submission that reasonable man gets a perception that there was bias due to external events.

But who according to you is a reasonable man and what led to such a person to get that perception? Justice IP Mukerji.

Those are questions of fact. Would you be able to establish these before this 5-judge bench?

Will a trial will have to be held before this bench for the same, asks Justice IP Mukerji.

#CalcuttaHighCourt

Mehta says the special judge was aware about the events.

Let me tell you what is troubling me. We have always deprecated media trial. But public perception of conduct of trial in a case where the order of special court otherwise seem to survive (on merits). That order has also not yet been challenged: Justice Soumen Sen

#NaradaScam

Will public perception override all other considerations, asks Justice Sen.

#NaradaScam #WestBengal #MamataBanerjee

Suppose there is media trial and is asking for convicting but court finally acquits him, then should public perception override the verdict: Justice Soumen Sen

Absolutely not. I am not relying on media reports to establish perception element. I am relying on media reports only to show the fact that CM was on CBI office and Law Minister was in court complex: Tushar Mehta

#CalcuttaHighCourt #NaradaScam

If hypothetically let us say bail application was rejected despite such external actions, then will the trial be vitiated: Justice Harish Tandon

Your Lordships will have to examine each case based on facts: Tushar Mehta

#CalcuttaHighCourt

This is happening frequently in Bengal.

Bench rises for lunch

#NaradaScam

Bar members talking to each other.

Again Mr. Mehta has shown his anti-Bengali attitude. Leaders also showed it. What happened in Gujarat when Amit Shah was arrested before 2012: Kalyan Bandhopadhyay

Everything is bad in Bengal only: Bandhopadhyay

"Bandhopadhyay sir, khaana khayiye," responds SG Tushar Mehta.

Lawyers appear on screen. Discussion on about hill stations in India.

Places in Uttarakhand, Meghalaya, Sikkim feature.

"Sikkim is like Switzerland without the infrastructure"

Senior Adv. Kalyan Bandhopadhyay says there are many beautiful places in India but people still prefer going abroad.

To see the Parliament House in Delhi itself will take 3 days: says Kalyan Bandhopadhyay who is also a TMC Member of Parliament.

#NaradaScam #CalcuttaHighCourt

Hearing resumes.

Solicitor General Tushar Mehta objects to Kalyan Bandhopadhyay remarks that I am anti- Bengali.

"Bengal is the cultural capital of the country. I and all others admire and respect Bengal and Bengalis. It has given Swami Vivekanand ji, Rabindranath Tagore and numerous thinkers, intellectuals:" Tushar Mehta

When I said such instances are happening in Bengal, I meant under a dispensation. The submission is not against Bengal as a geography and population: SG Tushar Mehta

Kalyan Bandhopadhyay seeks permission to reply.

Court says this (court) platform should not be used for political barbs.

" You can do it elsewhere, not on this platform," says Acting CJ Rajesh Bindal.

#NaradaScam

SG Tushar Mehta resumes arguments.

Mehta cities NJAC judgment of SC

"Even presence of law minister in the body was held to be violative of independence of judiciary," SG Tushar Mehta.

#NaradaScam #CalcuttaHighCourt

My case is justice may have been done but not seem to be done. There were hoodlums. The atmosphere was not congenial: Solicitor General Tushar Mehta

#NaradaScam #WestBengal #MamataBanerjee

There was hooliganism and rowdy behaviour and hence a reasonable man might have got the impression that the proceedings were biased.

Thus whether there was actual bias or not is not relevant: SG Tushar Mehta

Justice Soumen Sen asks whether there is any specific case law which is close to the facts of the current case.

Cases you have shown are where proceedings are at the stage of trial: Justice Sen.

This is a case where impartial trial will not be possible: SG Tushar Mehta

Bench asks whether special CBI court order is of bail or interim bail.

SG Tushar Mehta says it is an order granting interim bail.

#NaradaScam #CalcuttaHighCourt #WestBengal

I am not on the aspect of whether these four individuals should remain in jail or not. I am on the wider issue of whether Your Lordships should, as a Constitutional court, legitimise the circumstances which led to such order: SG Tushar Mehta

#NaradaScam #CalcuttaHighCourt

On May 17, my vehemence was different because it was the question of Court's majesty and the way in which bail was moved and bail granted: SG Tushar Mehta

#NaradaScam #MamataBanerjee

If a similar situation has arisen in say Uttar Pradesh or say any other State. What would have been the response.

So the question of 4 individuals remaining in jail is not relevant consideration now: SG Tushar Mehta

#MamataBanerjee #naradastingcase

Hence, I am invoking this Court's power of superintendence under Art 227: SG Tushar Mehta

#NaradaCase #CalcuttaHighCourt

Justice Harish Tandon refers to SG's submissions and previous orders which refers to Prosecution submissions.

How can prosecution say it could not put forth the case, he asks.

Justice Soumen Sen asks why case diary was not filed when CBI filed chargesheet physically.

Bench rises. Hearing to resume at 11.30 am tomorrow.

#NaradaScam