Kolkata: The Calcutta High Court on Wednesday adjourned the hearing in the Narada tape case till 2 pm on Thursday.
Two Cabinet ministers Firhad Hakim and Subrata Mukherjee along with Trinamool Congress MLA Madan Mitra and former Kolkata Mayor Sovan Chatterjee will remain in judicial custody till further orders. Mukherjee, Mitra and Chatterjee are at present admitted to SSKM Hospital due to ill health.
The Division Bench, comprising acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee, virtually heard both the recall petition and the CBI's plea to transfer the case out of Bengal on Wednesday. The Division Bench first heard the petition seeking recall of the order it passed on May 17 to stay the bail granted to all four just a few hours ahead by the Special CBI Court.
The CBI filed an application and added Chief Minister Mamata Banerjee, state Law minister Maloy Ghatak and TMC MP Kalyan Banerjee as parties in the case pointing out "unprecedented mob pressure" due to their presence in the CBI's office and the court respectively till the arguments were completed at the Special CBI Court.
The Bench adjourned the hearing till 2 pm on Thursday after hearing Solicitor General Tushar Mehta for the CBI and senior advocates Abhishek Manu Singhvi and Siddhartha Luthra for the arrested leaders for over two hours.
Mehta for the CBI submitted that "there were unprecedented extraordinary circumstances... where an investigating agency that has been entrusted with the investigation by this Court, was stopped from executing its job". He termed it as an "orchestrated design" to stop the CBI from discharging its functions.
Responding to Solicitor General's submissions, senior advocate Abhishek Manu Singhvi, who appeared for three out of four, said the protests were nothing but peaceful expressions of outrage against unlawful arrests. Terming her protests to be a "Gandhian way of protest", Singhvi submitted that the Chief Minister had made an appeal for peaceful protests and that there were no exhortations for violence.
Singhvi has further argued: "The test of liberty is on. Every argument my learned friend made is to keep them in jail for 1, 2 or 3 days... And an impression is given there is breakdown of law and order because ministers came in support of arrested persons and after arguing at length before the trial court."
The Acting Chief Justice asked: "You say CM went to CBI office to protest…Gandhian protest. But is it the way to respond when the matter is considered by Court? By protesting in streets?"
In reply, Singhvi submitted that the case can be fought legally on merits and the issue of political vendetta can be protested democratically. "It would be a negation of democracy to say that just because the matter is before court you cannot peacefully protest outside. Merely because a matter has gone to Court, it will stop democratic dissent," he submitted, adding that "if there is a perception of unlawful arrest, there is a right to protest, so long as the lawful functions of the agency are not restrained".
Singhvi also contended: "The CBI's stance is ironic. CBI argued before this court late in the evening without serving me a copy, informing me, no natural justice. Order was obtained by complete misrepresentation and does not stand in law... No court in India can give an order cancelling bail without giving notice to the accused and hearing the accused ... If they want to challenge bail they could have done it proper manner, not in this chaotic manner."
Singhvi further submitted that there is no relation between the protests and the special CBI court's order granting bail. He questioned why were the two ministers — Mukherjee and Hakim, and the other two former ministers — Mitra and Chatterjee, arrested even though they cooperated with the investigation all along.
Stating that there was no mention of "any obstruction during the hearing in the Special CBI Court" where the virtual hearing continued for over four hours, Singhvi referred to the criminal cases against Salman Khan and Sanjay Dutta. "In such cases, there will be outpouring of emotions... It does not mean that the administration of justice has been impeded," he said, maintaining that the grant of bail and the protests is in no way connected and an attempt has been made to connect two separate issues.
Taking a note that the charge-sheet has already been filed, Justice Banerjee asked the CBI if there were any single instance in which the arrested leaders have not cooperated in connection with the probe. He also directed the CBI to address the Court why it is necessary to put them in a correctional home.
The Solicitor General submitted before the Court to keep them in custody to prevent influencing witnesses.
Later, Mani Shankar Chatterjee, the counsel of state Panchayats minister, said: "It has also been submitted that why they will remain in custody when the investigation is complete and the CBI had only stated that no further investigation is needed. But they are trying to establish that chaos had taken place. If I get arrested today and someone purposely creates an agitation, then my bail will get cancelled? Their reasons based on which the stay order was given on the interim bail was vague. It is also illegal to get an order without any information to the arrested persons or their counsels."
Mitra's counsel Niladri Bhattacharya maintained that "Dr Manu Singhvi and Siddharth Luthra have clearly submitted that the Kolkata Police had even offered them a green corridor to go to court that the CBI did not avail. Our Advocate General has submitted the same".
"They were also provided with a police escort when they had submitted charge-sheet in the Special CBI Court without facing any law and order problem. Since law and order is a state subject, the Advocate General would also give a submission on Thursday," he said adding that "the way the order has been stayed it does not fulfil the criterion of the Calcutta High Court appellate side rules and the CrPC. It has been challenged and the argument is going on. The matter is sub-judice. Let's see what happens tomorrow".