Mamata Banerjee Files Fresh Application/Affidavit Before Calcutta HC In Narada Case As Per The Apex Court's Order

Apart from Chief Minister, Law Minister Moloy Ghatak along with the state government have also filed fresh applications before the High Court in relation to their Narada case affidavits.

The Supreme Court on Friday directed the State of West Bengal, West Bengal Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak - who were challenging the refusal of the Calcutta High Court to accept their affidavits filed in the Narada case - to file an application before the High Court stating the reasons for not filing such affidavits earlier.

They were directed to file the applications by June 28, after serving advance copies to the CBI on June 27. The CBI was also given the liberty to file replies to the applications.

The Supreme Court further requested the High Court to decide first the applications seeking acceptance of affidavits on the next scheduled hearing date, June 29.

In her application, CM Banerjee has averred that:

• That the letter petition dated May 17, 2021 filed by the CBI, de hors the applicable law and due process, and in spite of containing serious allegations are against the Applicant, was not served upon the Applicant.
• That the purported transfer petition, CAN 5 of 2021, filed on 19.05.2021 by the CBI was not served on the Applicant, though the CBI had arrayed the Applicant as a party.
• The affidavit in opposition by the Applicant could be finalised on 08.06.2021, due to preoccupation with Covid relief work, vaccinations, and Yas supercyclone relief measures and other urgent administrative measures. Accordingly, the affidavit was filed in the morning on 09.06.2021.
• That the Applicant Affidavit was filed at a time when majority of the parties before this Hon'ble Court were yet to commence arguments.
• Delay, if any, is neither intentional nor deliberate, and that there is no mala fide inferred from the filing of the Applicant Affidavit, at this stage, as such an action, if so done, would only be to the detriment of the Applicant herself.

Earlier, the Supreme Court had set aside the June 9 order passed by the High Court, wherein it had refused to take on record the affidavits filed by the State, Chief Minister and Law Minister in the CBI's transfer plea in the Narada Scam case.

"...we are of the opinion that the petitioners ought to have given an application to take the respective counter-affidavits on record, especially when the submissions of the parites were going and had progressed substantially. At this stage, a suggestion was made by this court that the matter could be remanded to the High Coiurt to decide afresh on the basis of the reasons given in the applications filed by the petitioners within the specified time. The counsel for the parites have graciously agreed to the suggesion of this court", the Supreme Court had recorded in the order.

Before the Apex Court, she had argued that the effective arguments before the larger bench started only on May 31.

On May 27, the larger bench said that it was going to decide first the applications for recall filed by the TMC leaders against the stay of their bail order.

On June 2, the CBI filed an additional affidavit. The Solicitor General finished his arguments for CBI on June 3. There was no hearing on June 4, 5 and 6. The State filed its counter on June 7. Banerjee and Ghatak filed their counter-affidavits on June 9.

The counter-affidavits of Banerjee and Ghatak were necessary in view of the allegations made by the CBI that the protests led by them on May 17 against the arrest of TMC leaders vitiated the bail hearing before the Special CBI Court at Kolkata.

"The bench refused to accept the counter-affidavits saying that it was an attempt to fill the lacunae after the arguments of Solicitor General. The concept of 'not-allowing filling of lacunae' is only there in civil proceedings and not in criminal proceedings", Banerjee's counsel Rakesh Dwivedi, Sr. Advocate had submitted.

Background

Taking exception to the dharna led by West Bengal Chief Minister Mamata Banerjee in front of CBI office against the arrest of four TMC leaders in the Narada scam, and the presence of state law minister with 2000-3000 supporters in the premises of the trial court which was hearing the bail applications of the accused, the Calcutta High Court had observed that the confidence of the people in the justice system will be eroded if such incidents occur, while political leaders arrested, are being produced in the Court.

After an urgent sitting held on Monday night (May 17), the Calcutta High Court had stayed the order of Special CBI court, which granted bail to two TMC Ministers Firhad Hakim and Subrata Mukherjee, TMC MLA Madan Mitra and former Kolkata Mayor Sovan Chatterjee in the infamous Narada case.

A division bench comprising Acting Chief Justice Rajesh Bindal and Justice Arjit Banerjee directed that the accused person shall be treated to be in judicial custody till further orders.