Thread by @barandbench

Narada Scam: Calcutta High Court 5-judge Bench to resume hearing in transfer plea by CBI

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#calcuttahighcourt #naradascam

@AITCofficial @FirhadHakim

The Supreme Court had on June 25 set aside the High Court order of June 9 refusing to take on record affidavits filed by @GhatakMoloy and @MamataOfficial

The court has remanded that issue back to HC to consider afresh.

#naradascam

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Bench assembles. Advocate General Kishore Dutta informs High Court of the Supreme Court order.

#naradascam #calcuttahighcourt

The Supreme Court has asked parties to file affidavit with an application explaining reasons why it should be taken on record. The CBI can then file objections and court will decide the same: Dutta

#naradascam #calcuttahighcourt

Dutta says applications have been filed pursuant to the order and it needs to be considered.

#naradascam #calcuttahighcourt #MamataBanerjee

Dutta says law and order domain of State and it is not denied.

We are on a case primarily based on facts and those facts are disputed, says Dutta.

Ordinarily I would be entitled to file my opposition within 4 weeks as per rules: Dutta.

Even if hearing is over (before 4 weeks) can it be filed. Should the rules be read like that, asks Justice Bindal.

#naradascam #calcuttahighcourt

Justice Mukerji asks if in an important matter like this, court has to waste so much time on procedural aspects, then what impression are we giving to public on functioning of judiciary.

#calcuttahighcourt #naradascam

As Advocate General you should take this into consideration along with Solicitor General, says Justice Mukerji.

Dutta concludes.

#naradascam #calcuttahighcourt

Sr. Counsel Rakesh Dwivedi starts arguments on behalf of CM regarding accepting her affidavit.

#MamataBanerjee #calcuttahighcourt

@MamataOfficial

The allegations regarding two events, one at CBI office and the other at special court can be proved by CCTV footage.

The CBI has not produced footage of their office: Dwivedi.

The doctrine of non-traverse will not apply in this case: Rakesh Dwivedi

CBI should not resist because it is not something in which they would suffer personal loss: Rakesh Dwivedi

#calcuttahighcourt #cbi #naradascam

Justice Tandon says CM and Law minister are not accused in the case. They have been impleaded only due to mobocracy argument, says Tandon

Dwivedi says CPC principles will not be attracted since the matter arises out of criminal proceedings.

Even if such affidavits/ impleadment are frivolous, court resorts to imposing costs at the end.

But court does not shut out the affidavits: Dwivedi.

#naradascam

Dwivedi concludes.

Solicitor General Tushar Mehta begins arguments on behalf of CBI.

#calcuttahighcourt

When there are allegations of mobocracy, law and order etc it is the first reaction which is the honest reaction: Tushar Mehta

#calcuttahighcourt #naradascam

Tushar Mehta taking court through the time line of the hearings.

Justice Soumen Sen says initially CBI had not brought mobocracy argument on record. It is when that argument was raised, State says they want to file affidavit, says Sen.

Even if we allow them to file affidavit, CBI will be given opportunity to file rejoinder.

Ultimately, the object is that all facts come on record: Justice Sen.

#naradascam #calcuttahighcourt

Justice Mukerji asks whether filing of affidavit was spontaneous or an after thought needs to be decided at the time of filing of affidavit, or after filing, taking it on record and going through it.

#naradascam

Mehta says hearing commenced on May 31. Even in that date, State took a chance to get my petition dismissed by raising preliminary objections: Tushar Mehta

#naradascam #calcuttahighcourt

When I concluded my submissions also they did not make make any submission that they wanted to file an affidavit: Tushar Mehta.

#naradascam

After my arguments are over and accused arguments are over, even if Your Lordships take their (State and Law Minister) affidavits on record, a message should go that court process is not taken lightly: Tushar Mehta.

#naradascam

So costs should be imposed which should go to Advocates Welfare Fund: Tushar Mehta

#MamataBanerjee #calcuttahighcourt

Hearing on the aspect of taking affidavits by State of West Bengal, @MamataOfficial @GhatakMoloy on record concludes.

Order will be pronounced tomorrow.

Bench rises.

#naradascam #calcuttahighcourt