Thread by @LiveLawIndia

#MadrasHC is hearing a petition filed by a Madurai lawyer who was arrested by the NIA for being part of the banned organisation #PFI

The petitioner sought to stay the investigation as he was booked and arrested for expressing some comments on social media against NIA and appearing in favor of the Popular Front of India executives. The case is being heard by Justice M Sundar and Justice R Sakthivel
#MadrasHC… twitter.com/i/web/status/1…

The Madurai bar also appears before the court and says that the lawyers are being intimidated by the NIA. They also inform that the lawyer has been in continuous practice for 16 years and has even contested in the bar council elections
#MadrasHC
#NIA

SG Tushar Mehta appearing for the NIA says that the investigation agency has to be careful while looking at cases relating to advocates. Just because he's an advocate there's no protection.
#MadrasHC
#NIA

Justice Sundar- We look at it as bar being the mother of bench. Fearless bar is imperative for an independent judiciary. We're not looking at special treatment for advocates. We're looking only if there is any intimidation
#MadrasHC
#NIA

SG Mehta- My attempt is to show that the investigation agency did what it needed to do. There is an audio clip. I cannot divulge more since it may hinder investigation.
#MadrasHC
#NIA

SG Mehta- We have to tread a little carefully since he is a lawyer. Thus, even though material while available, he was not named as accused while filing of chargesheet.
#MadrasHC
#NIA

SG Mehta- In a case of this magnitude, we take matters seriously. We won't just arrest an advocate just because of some Facebook posts. We had enough materials against him.
#MadrasHC
#NIA

SG Mehta- In this stage when the court is not dealing with Bail or whether something with liberty of petitioner, and only dealing with quashing, the parameters to be considered has been discussed in Niharika infrastructure case
#MadrasHC
#NIA

Justice Sundar- We have no quarrel that parameters for bail and quashing are very different.
The ASG said that malice is also a matter for trial. Would you also make that submission
#MadrasHC
#NIA

SG Mehta- I take a nuanced view. Malice per se cannot be a ground in criminal proceedings. We cannot read these pleading as if they are in civil suit. Malice in general is not accepted to be a good ground for quashing.
#MadrasHC
#NIA

SG Mehta- It is the last resort of a loosing litigant as per the decision of Supreme Court judgment. It needs a better level of pleading. Just saying that the investigation agency is biased against me is no ground.
#MadrasHC
#NIA

Adv R Vivekananthan, appearing for the petitioner- As far as protected witnesses, they can protect them. But materials and other evidence they have to present it in court. I also raise specific malafide by the SP
#MadrasHC
#NIA

Justice Sundar- We'll list it on 21st. We want to have the audio clip and other materials ready. We want to look at it. Meanwhile, you can keep the note on malice ready.
With respect to the Bar, can you give a memo. We want to have everything on record.
#MadrasHC
#NIA