Thread by @barandbench

Calcutta High Court to resume hearing in CBI's transfer plea in the Narada case

#naradastingcase #calcuttahighcourt
#MamataBanerjee

@AITCofficial @MamataOfficial

Bench assembles. Hearing commences.

#naradastingcase #calcuttahighcourt

Sidharth Luthra responding to Justice Harish Tandon regarding nature of CBI manual.

#naradastingcase #calcuttahighcourt

The CBI operates under two laws - DSPE Act and CVC Act.

Section 8(1)(a) of CVC Act lays down the powers of CVC to exercise superintendence over CBI in relation to prevention of corruption offences: Luthra

My understanding is CVC manual is issued by CVC and is, therefore binding on CBI: Luthra

#calcuttahighcourt
#CBI #naradastingcase

Justice Tandon says non adherence to manual might be reason for departmental action but will accused get any right due to the same.

Luthra referring to SC judgment of Ashok Agarwal judgment which mandates strict compliance with CBI manual

#naradastingcase #CBI

Luthra likens CBI manual to 'procedure established by law'. Submits that it has to be complied with.

#CBI #calcuttahighcourt

Luthra ends submissions on CBI manual.

He is now making arguments regarding CBI's request for listing of case and how it violated Calcutta High Court Appellate side rules.

#naradastingcase #calcuttahighcourt

The entire proceedings on plea by CBI was conducted by special court through virtual hearing. Hence it is denied that proceedings were vitiated due to mob.

Even otherwise, only handful of lawyers were present in court complex: Luthra.

During the course of hearing which lasted for one hour, CBI never raised any issuing of facing any difficulty from mob. The mobocracy argument (before High Court) was an afterthought: Luthra

CBI should be held liable for making blatantly false statements: Luthra

#cbi #calcuttahighcourt #naradastingcase

It is unfortunate that Court has not taken CBI affidavit on record.

Even today, I am asking the Court to call for records including CCTV footage to ascertain whether what CBI is saying is true or not: Sidharth Luthra

#naradastingcase #calcuttahighcourt

Please put to CBI how many CBI trials are going on in West Bengal. Why is it that this case of specific interest to them for transfer: Sidharth Luthra

#naradacase #calcuttahighcourt #MamataBanerjee

@MamataOfficial

Please ask CBI to produce their communication to special court seeking virtual hearing. Why have they not produced it. Till date they have not submitted it. Why are they shying away? Sidharth Luthra

#naradastingcase #calcuttahighcourt

What about allegation that you lobbied through CM for virtual mode: Bench

There is no question of lobbying. It is the law. The CrPC was amended to provide for producing accused through virtual mode for judicial custody way back in 2004: Luthra

#virtualhearing #naradastingcase

They have all the while claimed there was well orchestrated plan. If that was the case, we would have asked for physical hearing. But virtual mode obviates any interference in court proceedings: Sidharth Luthra

#NaradaCase #calcuttahighcourt

Luthra says there are many cases where crowds gathers. Cites example of Kanhaiya Kumar case when Patiala House was thronged by crowds. These are things which will happen but that does not impact judicial decision-making.

I can't understand what CBI's argument is all about. This is not the first time political leaders are being produced, says Luthra. Cites example of Godman Ram Rahim when ruckus happened when he was being produced in court

#naradastingcase #CalcuttaHighCourt

Luthra refers to P Chidambaram judgment.

Luthra citing judgments on when custodial interrogation can be allowed.

There was no occasion for custody in this case: Luthra.

#calcuttahighcourt #naradastingcase

Luthra cites 1980 judgment in Gurbaksh Singh Sibbia case on exercise of Section 438 jurisdiction

#calcuttahighcourt #cbi #naradacase

Everything is recorded. Can CBI then tell Your Lordships with a straight face that it was not given a fair hearing? Luthra

#CBI #CalcuttaHighCourt

All this is an afterthought and concoction: Sidharth Luthra

#naradastingcase #calcuttahighcourt

Luthra also objects to reliance on newspapers to reports by CBI.

"Prime television should not determine how judges decide cases," Luthra.

Incidentally I started my career as a journalist, says Luthra.

#naradastingcase #calcuttahighcourt

Luthra citing judgments which say news paper reports cannot be basis for writ petitions.

#naradastingcase #calcuttahighcourt

Bench rises for the day. Hearing to resume tomorrow.

#calcuttahighcourt #naradastingcase #MamataBanerjee

@AITCofficial @MamataOfficial

[Narada case] Newspaper reports cannot be basis for Writ Petitions: Sidharth Luthra tells Calcutta High Court - LIVE UPDATES

#NaradaCase #NaradaScam #NaradaStingCase #CalcuttaHighCourt

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