SC vacation bench to hear CBI appeal against ‘house arrest’ order today

The Supreme Court vacation bench will hear Tuesday the CBI’s appeal against the Calcutta High Court order ordering the house arrest of 4 West Bengal leaders in the Narada case. In accordance with the list of cases, a bench composed of Judges Vineet Saran and BR Gavai will hear the case after 11:30 am by videoconference. Solicitor General Tushar Mehta on Monday requested that the HC hearing be postponed to May 26 due to the special leave petition filed in the Supreme Court.

He argued that the central agency has the right to appeal to the CS following unprecedented events such as the CM breaking into the CBI office, the Minister of Justice making a protest in the court complex , etc. The IWC court issued the order granting bail to the accused, it said: “The terrorist effect of this crowd and the stone-throwing incidents were so significant that the physical copy of the newspaper of the case could not be presented in court. We could not argue In the end, the order was adopted. ”

Opposing the prayer, Rajya Sabha MP Abhishek Manu Singhvi said it was unfortunate to see a “first” investigative body request an adjournment when the issue of personal freedom is at stake. Pushing for bail, Singhvi reiterated that there is no risk of the defendants fleeing as they are deputies and ministers. Due to the unavailability of CJ Rajesh Bindal on Tuesday, the case was adjourned until Wednesday.

The Narada case procedure

Ahead of the 2016 Assembly poll, some TMC leaders were accused of accepting a substantial amount of illegal gratuities from Samuel leading to the registration of an FIR under Section 120B of the Indian Penal Code and Articles 7, 13 (2) r / w 13 (1) a) and d) of the Law on the Prevention of Corruption. While CBI initially arrested IPS agent SMH Mirza, he is currently out on bail. The arrest of BM Minister Firhad Hakim and Subrata Mukherjee, TMC MP Madan Mitra and ex-lawmaker Sovan Chatterjee on May 17 propelled a demonstration of TMC supremacy Mamata Banerjee which demanded the unconditional release of these leaders and sat on a 6 hour long dharna with his supporters in front of the IWC office for 6 hours.

This sparked a protest on the part of the CM that demanded the unconditional release of these leaders and sat on a 6 hour long dharna with its supporters outside the CBI office for 6 hours. In addition, Justice Minister Moloy Ghatak was constantly present in the court of the IWC Special Judge when the defendants were presented virtually. Granting provisional bail to the 4 leaders, the CBI Special Court took into account the fact that the agency did not request their custody and the latest SC order on prison decongestion. By suspending the order, the HC Calcutta first sent them into police custody, but then allowed them to be placed under house arrest.

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