Narada Case : Live Updates From Calcutta High Court Hearing On TMC Leaders' Bail
Solicitor General : As regards Article 226(3), it says when the main matter is not heard, at least the recall applications must be heard. That is my understanding.
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Solicitor General : The intention of my arguments is not that some accused are kept in jail. That may be the consequence but not the intention.
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Bandopadhyay : Article 226(3) casts a duty on the court that a vacation application of an ex-parte order must be heard within 14 days. Therefore, our applications have to be heard first.
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Advocate General : The stay order passed on May 17 is presumeably passed under Article 226. Now kindly see Article 226(3), which says recall application of stay must be heard within 2 weeks. So as per the spirit of constitution, recall application must be heard first.
Bandopadhyay : Mr.Singhvi, in lighter vein, I belong to the lower house. You belong to the upper house. I am elected by the people. You are elected by the MLAs. So my emotions will be there.
SG in lighter vein : I am homeless.
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Luthra : This is a matter where they were not touched during investigation. As your lordships rightly noted, there is the question of justification for arrests.
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Sidharth Luthra also backs Singhvi's submission that the question of liberty be considered first.
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Justice Mukerji : Since the entire issue is before us, we can also decide if the arrest was legal, and if the arrest is illegal, the parties can be put in an anterior position. But for that we have to make a prima facie finding for that.
Singhvi : I appreciate that.
Singhvi : The problem is Mr.Mehta is not arguing on bail. He is arguing 406 and others. In the highly unlikely event of this Court agreeing with Mr.Mehta later, the parties can be put back into custody.
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Justice Mukerji : The question before us today is not just grant of bail. If bail is granted, it will dispose of the entire proceedings. So this becomes a vexed question. It is not very simple Mr.Singhvi.
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