'Why CBI approached HC via email?'

KOLKATA: The Calcutta High Court will continue the hearing of the Narada tape case on Monday.

Abhishek Manu Singhvi, the defense counsel, argued that the arrest of the four persons was illegal. The CBI had sent an email to the Calcutta High Court on May 17 late night after a Special CBI Court had issued an interim bail order to the four persons. Based on that email, Division Bench comprising Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee, heard the plea made by CBI and stayed the interim order.

The Bench asked why CBI adopted this extraordinary way to approach High Court. "Why could CBI not have approached High Court by way of normal appeal say two days later? How would investigating agency be prejudicial if normal course was adopted?" the Bench asked.The Bench pointed out that the CBI email of May 17 did not mention whether it was writ petition or appeal or section 482 plea. Solicitor General of India Tushar Mehta, representing CBI, argued that the nomenclature of May 17 letter does not matter for purposes of adjudication. On Thursday, the five-judge Bench, comprising Acting Chief Justice Rajesh Bindal, Justice I.P. Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Arijit Banerjee, heard the plea moved by the CBI to transfer the Narada tape case in which two Cabinet Ministers Firhad Hakim and Subrata Mukherjee along with Trinamool Congress MLA Madan Mitra and former Kolkata Mayor Sovan Chatterjee have been granted interim bail last week.