Narada Case : Live Updates From Calcutta High Court Hearing On TMC Leaders' Bail
Solicitor General : When I was saying I have nothing against the judge, I meant I was not attributing bias to the judge. The question is what will be perception of the common man. It is not our perception which matters.
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Justice Mukerji : If there is nothing on record to show if the learned judge was influenced, how can we as a court of law look into other factors.
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Justice Mukerji : As a court of law, we can only check if the alleged mobocracy has influenced the learned judge. We can only take into account the legal factors considered by the judge. You have said you are not attributing anything to the judge.
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Solicitor General : If the Court does not check this, this may not confine to this state alone and may spread to other state, and this may not confine to politicians and may spread to gangsters.
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Solicitor General : A common man's perception of justice must be the guiding principle. It is his confidence which makes this system going. Therefore the perception shall have to be that of the common man.
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Solicitor General : The fundamental principle is whatever order passed by a civil or a criminal court, must inspire confidence. Public confidence in system is important.
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Solicitor General : ....and attempt to derail the investigation. The facts of this case are peculiar. None of my arguments may be treated as attributing anything to the learned judge who granted the bail.
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Solicitor General : Today we are seeking political leaders indulging in methodical and orchestrated attempts. If this mobocracy is not checked by the constitutional court, tomorrow we may have a situation, where a gangster is arrested and his henchmen gherao the CBI office..
Solicitor General : Issue is of seminal importance relating to rule of law. In this State, similar instances are happening frequently, which are placed on record by way of affidavit.
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Hearing on merits starts.
SG : My basic proposition is - Apart from seeking transfer, I am also invoking jurisdiction under 482 CrPC, 226 and 227 of Constitution seeking a declaration that entire proceedings of May 17 post-production of accused are vitiated and non-est.