The Calcutta high court at a special sitting held late on Monday, has stayed the order of the Special CBI court which had granted interim bail to all or any India Trinamool Congress (TMC) leaders Madan Mitra, Firhad Hakim @ Bobby Hakim, Subrata Mukherjee and Sovan Chatterjee within the Narada case.
The order was gone by a Bench of Acting judge Rajesh Bindal and Justice Arijit Banerjee during a petition moved by CBI seeking transfer of trial within the case from West Bengal .
While two of them, Firhad Hakim and Subrata Mukherjee are sitting ministers within the State cabinet, one among them Madan Mitra is an MLA.
Chatterjee may be a former Kolkata Mayor.
They were picked up from their residences on Monday morning triggering another stand off between the Central government and therefore the Mamata Banerjee led TMC government in West Bengal .
Mamata Banerjee had sat outside CBI office on Dharna along side TMC supporters following the arrest.
The case was haunted for urgent hearing after Additional SG , YJ Dastoor mentioned the matter seeking urgent hearing remarking things that unfolded within the capital .
When the matter came up for hearing, SG Tushar Mehta highlighted the very fact situation and urged the Court to exercise powers under Section 407 of the Code of Criminal Procedure to transfer the trial.
The Court recorded Mehta’s submissions as follows:
“The Law Minister of the State visited the court where the accused were to be presented along side crowd of 2000 to 3000 supporters and remained in court throughout the day. This was the bottom reality under which CBI was to function and therefore the Court below was to listen to the arguments and pass the order. it’s a case during which there’s total failure of rule of law. The justice isn’t only to be done but seen to possess been done.”
Mehta said that there exists sufficient ground to transfer the trial within the case in exercise of powers under Section 407 of the Code of Criminal Procedure since there’s a collapse of law and order (CrPC).
The Advocate General, representing the government submitted that just in case any application is filed under Section 407 Cr.P.C., all the affected parties are to be heard which include victim, accused and therefore the witnesses of the case before an order are often passed.
Confidence of the people within the justice system are going to be eroded just in case such sorts of incidents are allowed to happen within the matters where political leaders are arrested and are to be produced within the court, it added.
“People may have a sense that it’s not rule of law which prevails but it’s a mob which has an whip hand and particularly during a case where it’s led by the Chief Minister of the State within the office of CBI and by the Law Minister of the State within the Court Complex,” the Court further said.
It, therefore, stayed the order of special CBI court and ordered that the arrested leaders be kept in judicial custody.
Source: https://www.barandbench.com/news/litigation/calcutta-high-court-stays-cbi-court-order-granting-bail-to-tmc-leaders
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