Acting CJ Bindal clarifies that by the time the division bench completed the hearing, it had got the bail order, and the division bench passed the order after seeing the bail order.
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Singhvi says that all these things were suppressed from the division bench.
One judge asks : Mr.Singhvi, you mean to say that the division bench did not have the benefit of seeing the order.
Singhvi : Yes, division bench did not have the benefit.
Singhvi : The trial court heard the matter virtually. The learned Special Judge does not give any hint of either access to justice being disturbed or hearing being obstructed. The test of martial law is courts cannot function. The Special Judge gives no such indication.
Singhvi : Another issue is can an application moved on 19th, under Section 482, 226 and everything under sun, give retrospective validation to the letter and oral mentioning made on 17th.
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Singhvi says that the application made by CBI does not make out any circumstances for exercising powers under Section 407 CrPC.
Singhvi also says the application was not accompanied by an affidavit as mandated by Sec 407.
Justice Soumen Sen says another issue is whether the bail already granted can be stayed while exercising powers under Section 407 CrPC.
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SG says had the court been considering the issue of bail, this would have been an issue. But since the issue is vitiation of the trial court proceedings on account of the mass protests, this alone cannot be the consideration.
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Justice Mukherjee : If the power of arrest has not been exercised for over 7 years, why should they be arrested suddenly now? This is one of the issues.
SG says the Court is not considering the mere issue of bail.
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Justice Mukherjee : One issue, is if the accused have not been arrested during investigation for over 7 years, what is the occasion for arrest suddenly after filing chargesheet?
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Justice Mukherjee : Allow me to make a tentative observation.
The judge refers to Section 407(c) which allows High Court to pass an order "required by any provision of this Code".
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