Narada case: Cal HC puts 4 leaders under house arrest

KOLKATA: The Calcutta High Court on Friday ordered the house arrest of two Cabinet ministers, an MLA and former Mayor, who were arrested in connection with the Narada tape case, and allowed the ministers to discharge their 'official functions' through video conference from home. Later, Hakim reached home after being released from Presidency Correctional Home while the three others were admitted to SSKM Hospital.

The Division Bench of the Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee ordered the house arrest following difference in their opinions on recalling the stay order on the bail granted by the Special CBI Court to state Panchayats and Rural Development minister Subrata Mukherjee, state Transport minister Firhad Hakim, Kamarhati Trinamool Congress MLA Madan Mitra and former Kolkata Mayor Sovan Chatterjee. While Justice Banerjee was in favour of withdrawal of the stay on the interim bail of the leaders — who were in judicial custody — the Acting Chief Justice refused the bail. The Acting Chief Justice, later in the day, constituted a five-member bench. It consists of the Acting Chief Justice himself along with Justice Indra Prasanna Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Arijit Banerjee. The larger bench will hear the matter at 11 am on Monday (May 24).

The Division Bench has ordered that "they shall be entitled to all medical facilities… and they are permitted to deal with the files sent to them online and hold meetings through video conferencing". The house arrest has been ordered as per the Supreme Court's guidance in connection with a case between Gautam Navlakha and the National Investigation Agency.

Both Hakim and Mukherjee, being the Chairman of the Board of Administrators of the Kolkata Municipal Corporation and the state Panchayats minister respectively, have crucial roles to play in the fight against Covid.

Defence counsel Kalyan Bandyopadhyay submitted before the court that Hakim was working 24x7 for Covid vaccination-related matters. "His presence is necessary for Covid work in Kolkata.

So, it is necessary to give him access to files and permit him to meet officials," Bandyopadhyay argued.

In this connection, the court has ordered that "as far as the prayer of the accused for allowing them to discharge their official functions to manage Covid in the state, we direct that the officials will not have any direct access to the accused, however, they are permitted to deal with the files sent to them online and hold meetings through video conferencing. A complete log of all video conferencing along with the details of the persons with whom it was held and the purpose therefore, shall be maintained. The video conferencing facility shall not be used for any other purpose. Further complete record of any person visiting the house of the accused at his residence shall be maintained along with its duration and the purpose."

The correctional home authorities have also been directed by the court to install CCTV cameras at the entry point of their houses "to keep a record to ascertain the persons visiting them and any lapse in this regard shall be seriously viewed."

The virtual hearing of the case began at around 11.15 am on Friday. Solicitor General of India Tushar Mehta and Additional Solicitor General of India YJ Dastoor appeared for the CBI and senior advocates Abhishek Manu Singhvi, Siddharth Luthra and Kalyan Bandyopadhyay appeared as defence counsels before the Division Bench.

Justice Banerjee wondered if their custodial detention was required, taking a note that the investigation against the applicants is admittedly over.

"Admittedly, the investigation against the present applicants is complete and a charge-sheet has been submitted against them. This is stated unequivocally in paragraphs 9 and 10 of the remand application filed by CBI before the learned Court below. It is also stated that further investigation against the other accused persons is continuing. If that be so, I have not understood as to how custodial detention of the applicants is necessary anymore, or how further investigation against the other accused persons will be hampered if the applicants are not detained in custody," Justice Banerjee observed.

The Acting Chief Justice noted in the order that "whether mobocracy, where any law enforcing agency was allegedly obstructed in discharge of its official duty, can have an impact on decisions or the decisions making process, is yet to be gone into. Issue regarding access to justice is to be examined, where the allegations are that the CBI officers were even denied access to court. Arguments of the CBI that entire proceedings for grant of bail before the trial court were vitiated on account of unprecedented protests led by the Chief Minister in the office of CBI and by the Law Minister in the court complex are yet to be examined. These have direct bearing on the 'public trust and confidence of the people in the judicial system' and the rule of law versus the mobocracy. Legal issues cannot be allowed to be raised and settled in streets, as these are not decided by show of strength but on merits of the controversy in accordance with law, for which a robust judicial system is available."

The Solicitor General prayed for a stay on the order allowing their house arrest. Singhvi submitted that he was "taken aback" by the house arrest order that has been passed mid-way of the hearing and stated that "house arrest is no less than arrest. They should be released. They should be released on bail till the matter is heard by the larger bench as there is no possibility of their flight and there is no allegation of non-cooperation from their end."

"If the choice is between full arrest and house arrest, it will be house arrest. But if the choice is between freedom and house arrest, it will be freedom," Singhvi submitted.

"The investigation is over and there is no requirement of custody. Under what provision the custody will be given? Section 167?" Luthra submitted. "This order was passed since an interim bail plea was raised. Now, it is surprising you are raising issues on merits after order," said Acting Chief Justice Rajesh Bindal.

When the Bench reassembled around 11.54 am, Singhvi submitted three points stating that difference of opinion should lead to liberty, the larger bench must be constituted 'today (Friday) itself.'

The argument reached the peak when Luthra submitted that the CBI's case is a "house of cards" which will fall down in no time. The Solicitor General replied to the same saying that "if it is house of cards it should fall in a judicial order. Not with ministers protesting. That is pure hooliganism".