SC allows CBI to withdraw plea against HC order
New Delhi: The Supreme Court on Tuesday permitted the CBI to withdraw its appeal against the Calcutta High Court order allowing house arrest of four leaders, including three from TMC, in the Narada bribery case, and observed that while it did not approve of the 'dharna' against the agency, the personal liberty of accused should not suffer either.
The Supreme Court observed: "We have seen special benches been assigned to deal with liberty. But this is the first time a special bench is assigned to take away liberty".
The Apex Court, which initially made some critical observations on protests by TMC leaders and on the CBI's action of arrests after filing of the charge-sheet in the case, later said: "We have not made any observations on merits. The (Special Leave) petition (of CBI) stands withdrawn."
A vacation bench of Justices Vineet Saran and B R Gavai said: After the five-Judge Bench of the Calcutta High Court gives its opinion, we will peruse it. We are not intending to pass anything on merits. The Solicitor General (for CBI) has accepted that issue is being heard by the five-Judge bench and made a request that he may be permitted to withdraw the petition to raise all issues raised here before the High Court. All other parties shall also have the liberty to raise all such contentions.
The Apex Court, which heard the CBI appeal for almost an hour, said it did not want to deprive the high court bench of the opportunity to hear and decide the case and moreover, it will have the benefit of perusing the judgment of a Constitution bench.
Solicitor General Tushar Mehta, however, argued vehemently that the CBI faced engineered mob violence and has not been allowed to perform its duties.
He said the agency wanted transfer of the Narada case from the trial court to the high court and a declaration that the proceedings, which took place before the CBI court, be declared nullity in the eyes of law. The bench said it did not approve of the staging of 'dharna' or sit-in by ministers, but the issue was that can the personal liberty of accused by allowed to suffer. The liberty of a person is the first thing to be seen, and it cannot be mixed with other issues, it said.
Senior advocates A M Singhvi and Siddharth Luthra and lawyers Sumeer Sodhi, Kunal Vajani and Debanjan Mandal appeared on behalf of the accused. Senior lawyer Vikas Singh represented West Bengal in the matter.
The high court had on May 21 ordered the shifting of two Bengal ministers, an MLA and a former Kolkata Mayor to house arrest from jail.
(with agency inputs)
