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".
Singhvi - Last issue, 95% of what all submitted by the CBI are non-existent. CBI would have the lordship have that we were under martial law in the capital of an East Indian state called West Bengal. I have interesting things to say about that.
Singhvi : Fourth issue- Sanction issue- Prima facie, for the purposes of bail, is the clear absence of sanction from the appropriate authority, fatal to the initiation itself, including arrest.
Singhvi : The third issue- the effect of not hearing the accused, as a facet of natural justice and fair play, while reversing bail.
Singhvi : Second issue - On established principles of bail jurisprudence, were the accused entitled to bail, and could the bail already granted be reversed? This issue is dehors Section 407 issue.
Singhvi : Procedure must be the handmaiden of justice, especially when personal liberty is involved.
Is there a valid exercise of Sec 407 powers by the hon'ble division bench on May 17 including the power to stay bail already granted? This is issue number 1.
SG seeks to be excused for few minutes.
Singhvi now making submissions : According to me, there is only one issue, whether the persons, who had bail on May 17, be released on liberty? Should the order of special judge of May 17 be allowed to operate? That is the only issue.
Advocate General responds to SG's submission that chargesheet was not physically filed.
AG says police assistance was given to file chargesheet. Police escort was given. It was their choice to file it virtually, he says.
SG : I'll go by what the Advocate General says.
Justice IP Mukherjee asks if the accused were arrested earlier during investigation.
SG : They were never arrested.
Justice Mukherjee : Therefore, in this status of trial, could the arrest be made only an application before the criminal court?
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Justice IP Mukherjee asks if the accused were arrested earlier during investigation.
SG : They were never arrested.
Justice Mukherjee : Therefore, in this status of trial, could the arrest be made only an application before the criminal court?