Breaking News Narada sting case: Arrest of TMC leaders was mala...

Narada sting case: Arrest of TMC leaders was mala fide, Luthra tells Calcutta HC


New Delhi, June 15 (ILNS) A five-judge bench of the Calcutta High Court, hearing a plea by the CBI to transfer a case involving the arrest of four Trinamool Congress (TMC) leaders purportedly involved in the so-called Narada Sting scam, to the high court (from the Special CBI court), was told by the counsel of the plaintiff that the arrest of the four TMC leaders was mala fide.

The bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukherjee, Harish Tandon, Soumen Sen and Arijit Banerjee, had granted interim bail to TMC leaders Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee. They were arrested by the CBI on May 17.

Today Senior Advocate Sidharth Luthra said: “The entire CBI case is three-fold – We want further custody. We wanted to further argue against bail and we were prevented from putting forth our case. This is their three plank case. The arrest was mala fide.” He then referred to Section 167 CrPC on procedure when investigation cannot be completed in 24 hours.

Luthra also referred to the West Bengal State amendment to Section 167 CrPC. He said that West Bengal is only State which allowed production of accused through video audio conference even before the Covid era. Luthra referred to 2(g).

The bench, in a light mood, said: “2G is a dangerous word.”

Luthra, in an equally light mood, answered: “Not anymore. The court acquitted all. Now it seems 5G is.”

Luthra repeated his claim that the arrest was illegal.

The bench asked why? Was it “due to lack of sanction or due to failure to comply with Section 41 CrPC?”

Luthra said it was a combination of section 41 and the CBI manual. He said that the CBI manual is mandatory, as per Ripun Bora case. “Police custody after submission of a charge sheet is not permissible. Police custody in this case is an afterthought. If remand is unjustified, I cannot be placed in no man’s land. The moment remand was sought, the accused can seek bail and consideration of the same was a legal requirement of the Magistrate.”

On the issue of mobocracy, affecting proceedings before the special judge, Luthra said that the special judge was sitting in his chamber and there was nobody there. Hence there was no question of him being affected.

“The CBI is changing its case at every stage. First they said no document was produced before a special judge. Later they said physical charge sheet was produced.” At that he cited the 2004 judgment of Delhi High Court in Court on its own motion v. CBI.

The Acting CJ asked how t he court in that case took suo motu cognizance. “Lengthy arguments were addressed on that issue,” the judge said.

Justice IP Mukerji said: “Right to arrest remains even after filing charge sheet.”

Luthra: “The right to arrest while remaining, the need to arrest has to be considered, especially in view of what has been stated in the charge sheet. Arrest is usually to prevent such persons from tampering with evidence, intimidating witnesses.” He referred to Section 41.

Then he referred to how hearings are done now over video conferencing. “I could not have addressed a 5-judge Bench in Calcutta but for VC.” He then referred to a recent order passed in Mithun Chakraborty case ordering interrogation by VC.” ILNS\SJ


Please enter your comment!
Please enter your name here

Latest news

NCDRC enhanced the cost imposed on Hinduja Hospital from Rs 25,000 to Rs 3,51,000 for negligent services

New Delhi, Jul 17(ILNS) The National Consumer Disputes Redressal Commission (NCDRC) enhanced the cost of Rs 25000/...

Allahabad HC issues notice to BCI on a PIL seeking to re-frame rules re advocates dress code as per the weather of the country.

Allahabad, Jul 17(ILNS) The Allahabad High Court has issued a notice to the Central Government, BCI and to...

2 defeated BJP candidates file election pleas before Calcutta HC

Kolkata, Jul 17 (ILNS): The Calcutta High Court has issued notices on the...

NGT directs remedial action against DSP Associates, Sonipat for illegal mining and diverting flow of river

New Delhi, Jul 17 (ILNS) The National Green Tribunal has issued directions to the Ministry of Environment,...

Rajasthan High Court orders suspension of cop for separating inter-caste married couple

Jodhpur, Jul 17 (ILNS) The Rajasthan High Court has ordered suspension of a policeman for separating an...

No pilot licence, no permission required for micro drones: Govt proposes simpler Drone Rules, 2021

New Delhi, Jul 16 (ILNS) The Ministry of Civil Aviation (MoCA) has released the updated – The...

Must read

You might also likeRELATED
Recommended to you