New Delhi, June 18 (ILNS): The Supreme Court has today deferred hearing plea filed by West Bengal government and minister Moloy Ghatak challenging the order of the Calcutta High Court refusing them to file reply in the transfer petition filed by Central Bureau Investigation in Narada Case. The bench posted the matter for further hearing on June 22.
The bench of Justice Hemant Gupta and Justice V. Ramasubramanian after hearing the submissions of Solicitor General Tushar Mehta, Senior Advocate Rakesh Dwivedi and Additional Solicitor General Aman Lekhi posted the matter for further hearing on Tuesday pertaining to the issue of affidavits on record not been accepted by Calcutta High Court in a transfer plea preferred by Central Bureau of Investigation in Narada case.
The bench said: “Matter will be taken up on Tuesday. In the meantime, we hope the HC will not hear the matter on Monday or Tuesday.”
Separate petitions has been filed by the West Bengal government and Law minister Moloy Ghatak challenging the order dated June 9 of the High Court stating that the powers of the State government and the Law Minister should not be curtailed, especially because the CBI was allowed to file new affidavits at various stages.
The Calcutta High Court in its June 9 order had noted that, “They (CM, law minister and state) have waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response.”
The high court observed that “It is nothing else but filling the lacunae or supporting the accused. That is why, even the learned counsels appearing for the accused are also supporting the prayer made by the state for taking these belated affidavits on record.
Senior Advocate, Rakesh Dwivedi, appearing on behalf of Petitioner submitted the grievance that the affidavit is of utmost importance, because whatever CBI has alleged, has to be rebutted by the accused persons.
Mehta asked for the copy of petition and sought an adjournment to list the matter on Monday since, while submitting that he is not on caveat and came to know about the matter through newspaper.
Mehta apprised the bench that Mr. Bandyopadhyay was to argue in the matter and also addressed the court that, the Petitioner were not allowed to file counter affidavit against the interim order.
To which, Dwivedi submitted that affidavit is of utmost importance because whatever has been said or alleged by CBI, has to be rebutted by accused persons and the same has been duly noted by full bench of High Court of Calcutta. Thus, an objection was taken in this regard.
Dwivedi further stated that “if this would not be taken on record, affidavit is essential – CBI has to find out truth…they themselves don’t know what happened in court. Law minister is yet to address, he went to court…meeting regarding appointment of public prosecutors. ILNS\GM\SS\RJ