The Central Bureau Investigation (CBI) on Wednesday informed the Calcutta High Court that there were “orchestrated attempts to frustrate the course of justice” and intimidate the central agency from discharging its functions in the Narada sting case.
A division Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee of the Calcutta High Court on Wednesday heard the CBI’s petition against the bail granted to TMC leaders Firhad Hakim, Madan Mitra, Subrata Mukherjee, and Souvan Chatterjee in the case.
‘There were unprecedented extraordinary circumstances… I don’t think anywhere else in the country such shocking incidents have happened where a premier investigating agency, which has been entrusted with the investigation by this court, is stopped from doing its job,’ Solicitor General Tushar Mehta said as per LiveLaw.
Solicitor General : There was an orchestrated attempt to frustrate the course of justice. There were unprecedented extraordinary circumstances. #NaradaScam #CalcuttaHighCourt
— Live Law (@LiveLawIndia) May 19, 2021
However, all four TMC leaders arrested by CBI in the Narada sting case will continue to remain in custody for now as the hearing before the high court remained inconclusive on Wednesday and spilled over to Thursday. The court will take up the matter again at 2 pm tomorrow (20 May).
The division bench had said that it deemed it appropriate to stay the special court’s order and direct that the “accused person shall be treated to be in judicial custody till further orders”.
At present, all four leaders are undergoing treatment for various health complications at the hospital inside Presidency Correctional Center and SSKM College and Hospital.
On Monday, all four political leaders were arrested by the CBI and presented to the court as the investigation agency sought their custody. The special CBI court, however, granted bail to all the four leaders. But, the CBI challenged the bail order in the Calcutta High Court, which in a late-night hearing, put a stay on the bail.
It should be noted that the bail was stayed after the CBI cited a threat to the probe agency on the ground with West Bengal Chief Minister Mamata Banerjee and TMC supporters sitting in dharna outside the agency’s office.
Mehta, on Wednesday, submitted in court that the bail that was granted by the trial court on the first day and said that the CBI was not given an opportunity to respond to the application.
CBI seeks transfer of case from Bengal
The CBI said it could not seek their custody on Monday “as a result of the terror created by and at the behest of the arrested accused persons” by the presence of the chief minister and the others, reports NDTV.
The central agency also filed a petition before the Calcutta High Court, seeking transfer of the Narada sting tape case from West Bengal, PTI reported. The CBI has also made West Bengal Chief Minister Mamata Banerjee, state Law Minister Moloy Ghatak, and Trinamool Congress MP Kalyan Banerjee parties to the plea.
The CBI claimed that the law minister of West Bengal was present in court, where the accused were to be presented, along with a mob. The probe agency said that a number of followers of the arrested political leaders gheraoed the CBI office in Nizam Palace area, and did not allow its officers to move out to enable them to produce the accused in court. They were produced before the special CBI court through the virtual mode on Monday.
Mehta argued that the prosecution was not even allowed to show the charges against the accused. “We were physically prevented,” Mehta said.
“There was stone-pelting and officers were heckled and threatened. Due to these circumstances, the accused could not be medically examined and could not be physically produced before the Court, and CBI could not submit the records before the Court. Therefore, accused were produced only virtually.” Bar and Bench quoted Mehta as saying.
The crowd tried to enter CBI office and gheraoed the office. It was an orchestrated move making it impossible for CBI officers to move out of their office: Solicitor General Tushar Mehta#NaradaScam#NaradaBriberyCase#MamataBanerjee@AITCofficialpic.twitter.com/J1r5JvXH6F
— Bar & Bench (@barandbench) May 19, 2021
In the petition, the central investigation agency also said that even a battery of lawyers led by MP Kalyan Banerjee, “forcefully entered the CBI office and started heckling CBI officers and staff, including the head of branch, Anti-Corruption Branch, CBI, Kolkata”, reports The Hindu.
‘No court can give an order cancelling bail without notice to accused’
Responding to CBI’s petition in court, Senior Advocate Abhishek Manu Singhvi on Wednesday told the Bench that no court in India can “pass an order cancelling bail without first hearing the accused”.
“The CBI’s stance is ironic. CBI argued before this court late in the evening without serving me a copy, informing me, no natural justice. Order was obtained by complete misrepresentation and does not stand in law. No court in India can give an order cancelling bail without giving notice to the accused and hearing the accused. If they want to challenge bail they could have done it proper manner, not in this chaotic manner,” Singhvi argued.
Referring to the large gatherings convened by TMC members to protest the CBI’s arrests, Singhvi said that the protests were peaceful.
“The protests did not impede the CBI to produce them before the court. Anybody has the democratic right to protest. Their colleagues were arrested after 7 years. The MLAs felt that their colleagues were arrested on political vendetta because somebody could not digest defeat in elections. The attempt is to connect two unconnected things,” he said.
Singhvi : Four, as it happens in democracy, there was protest by co-ministers, co-MLAs. But there was no hindrance to the CBI. The protestations are being used as an excuse by CBI now.#NaradaScam #CalcuttaHighCourt
— Live Law (@LiveLawIndia) May 19, 2021
Singhvi further stated that chief minister Mamta Banerjee went to the CBI in the capacity of an MLA. “What power she has over the CBI or Special CBI Court?” he said when Bench inquired about the chief minister’s presence at the site.
Singhvi : CM going to CBI office was a means of democratic protest.#NaradaScam#CalcuttaHighCourt
— Live Law (@LiveLawIndia) May 19, 2021
He insisted that the Special CBI Judge heard the matter judiciously and the protest is not connected with the judicial order which was passed after hearing and recording reasons. “The grant of bail and the protests were not connected. There is an attempt to connect two unconnected things,” he said, as quoted by LiveLaw.
CBI says it found nothing against Mukul Roy, Poddar
This hearing comes a day after the CBI said it has found nothing “so far” against Mukul Roy, who switched from the Trinamool Congress to the BJP, and Lok Sabha TMC member Aparupa Poddar in the 2014 Narada sting tape case, while its application seeking sanction to prosecute four others including Suvendu Adhikari was pending with the Lok Sabha Speaker for over two years. However, they added that the investigation is still open and no clean chit has been given to anyone.
The case pertains to a purported sting operation conducted by Mathew Samuel of Narada TV news channel in 2014 wherein people resembling TMC ministers, MPs and MLAs were allegedly seen receiving “illegal gratification” from representatives of a fictitious company in exchange for favours, the CBI has alleged.
The infamous Narada scam tapes, which were clandestinely shot in 2014, were leaked ahead of 2016 assembly polls in West Bengal. However, it had no bearing on the poll results as Mamata Banerjee returned to power. The CBI started an investigation into the case on the direction of Calcutta High Court in April 2017.
With inputs from PTI