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Narada row: Calcutta HC hears CBI transfer plea

How does an opportunity to influence the judge arise as the judicial process was conducted in a closed door room and in virtual mode, Justice Sen asked the solicitor general.

Narada row: Calcutta HC hears CBI transfer plea

Calcutta High Court. (Photo: iStock)

We have not come here seeking cancellation of  bails, solicitor general, Tushar Mehta submitted before a larger Bench of acting Chief Justice Rajesh Bindal, Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Arijit Banerjee of  Calcutta High Court today. The court was hearing a petition seeking the transfer of a case of Narada sting operation.

Let the court give a stay to the judicial process of the trial court in this matter and announce the entire procedure to be vitiated, the solicitor general submitted.  If in the process it has to cancel the bail, let it do so, it was submitted. Whatever happened after arrest if the four political leaders is without a precedent in the country’s history and perhaps the world, Mehta said.

It is shameful and unfortunate that  Cabinet members joined the protest and sat in a dharna, it was submitted. Was the chargesheet sent online or did the CBI officers take it to the court, Justice Soumen Sen asked the solicitor general. When exactly were the arrests made, Justice Mukerji asked the SolicitorGeneral. Let us know when  did the gherao start, Justice Mukerji asked.

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We have to know this as these are important facts, he said. The gherao on that day was an attempt to pressurise the judicial system, Mehta submitted. The ministers who participated in the gherao are not   common people but holding constitutional posts, it was submitted. Whenever a person in political high position is arrested in this state these planned  agitations take place, Mehta submitted. Similar incident occurred  when Madan Mitra was arrested, a vehicle belonging to CBI was ransacked and a constable of the probe agency was injured, it was submitted.

Did the accused person  apply for bail then and was it granted, Justice Banerjee asked the Solicitor General. Why should the bail of the accused be cancelled if there is no evidence of their having a direct link or any collusion with the agitation outside CGO complex, Justice Mukerji asked the solicitor general.

The larger bench of the Calcutta High Court questioned Solicitor-General Tushar Mehta how was the judge in the lower court influenced by the demonstration and stone pelting that took place outside CBI’s Nizam Palace since the judicial process was conducted in a closed-door room and in a virtual mode.

There may be questions in people’s minds whether the learned judge could dissociate himself from gheraos, stay-in demonstrations  and presence of ministers, the solicitor general submitted. In our country, anyone can be within the courtroom to hear the matter and there is nothing high profile or low profile among them, Justice Mukerji observed. How is the judge influenced  since the people in our country  have the right to protest peacefully, the court asked.

How does an opportunity to influence the judge arise as the judicial process was conducted in a closed door room and in virtual mode, Justice Sen asked the solicitor general. Justice Mukerji observed, in our country, anyone can be within the courtroom to hear the matter and there is nothing high profile or low profile among them.

Justice Sen questioned Mehta “How can a judge be influenced by that since the people in our country have the right to protest peacefully? How does an opportunity to influence the judge arise since the judicial process was conducted in a closed-door room and in virtual mode?Why did not the CBI counsel ask the court to adjourn the matter if there were so many irregularities, Justice Mukerji asked. The hearing was adjourned and will be resumed tomorrow.

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