After HC raps CBI, its 5 officials appear before Speaker

KOLKATA: In a major embarrassment to the Central Bureau of Investigation (CBI), the Calcutta High Court on Monday directed the CBI officials to appear before the state Assembly Speaker in connection to the Narada tape case. Abiding the court order, five CBI officials appeared before the West Bengal Assembly Speaker at 4 pm on the same day.

Within a few minutes, officials of ED also appeared before the West Bengal Assembly Speaker. It is learnt that these five officers were involved in the investigation of the Narada tape case. Shortly after the CBI officials entered the Assembly, two officers from the Enforcement Directorate (ED) appeared.

According to sources, the five-member CBI team has officers with the rank of SP and DSP. The next hearing in the case is on October 5.

Justice Rajasekhar Mantha, during the hearing on Monday, said: "Since, the Speaker is a Constitutional functionary, the petitioner shall appear before the Speaker at about 4 pm today (04.10.2021). The views of the Speaker shall be heard by the petitioner and an adjournment shall be prayed." Solicitor General Tushar Mehta submitted before the court that since the CBI had obtained sanction of the Bengal Governor Jagdeep Dhankhar for prosecuting the members of the legislature, the Speaker didn't have authority to question the same. Solicitor General Mehta also argued that the issue as regards to the authority of the Governor to grant sanction, may also be subject matter of a proceeding before five Judges' bench of this court or any jurisdictional court. On September 22, Speaker of the state Assembly Biman Banerjee had summoned the CBI and ED officials.

However, officers of the Central agencies skipped appearing before the state Assembly stating that permission of the Speaker was not required to file chargesheet against Members of the Legislative Assembly (MLAs) in cases related to Prevention of Money Laundering Act (PMLA).

The Speaker had summoned two officers of the Central agencies for flouting the set norms of taking his consent before filing a chargesheet containing names of the MLAs.

After CBI, ED had also submitted a chargesheet in connection with the Narada tape case containing names of the state Transport minister Firhad Hakim, state Panchayats and Rural Development minister Subrata Mukherjee and Kamarhati MLA Madan Mitra. The officers - DSP of CBI Satyendra Singh and assistant director of ED Rathin Biswas – were asked to turn up before the Assembly at 1 pm on September 22.

Instead of turning up at the state Assembly, the ED had sent a representative carrying a letter stating that none of their officers would appear before the Speaker.