Bench asks SG what is the status of the criminal trial.
SG says chargesheet has been field and as far as he knows, charges are yet to be framed.
SG : Presuming my prayer is accepted that the proceedings in trial court are vitiated, then the HC would denovo hear the bail application.
Justice Soumen Sen asks if the CBI is seeking that the bail applications should also be heard by the HC.
SG says that the during the hearing of the division bench, there was a news flash that bail order was granted, and on knowing that, a request was made by CBI to stay the bail order, and the bail order was accordingly stayed.
One of the judges of the bench says that the hearing of the High Court of May 17 took place on a "skeletal" application filed by CBI seeking a direction that the CM and Ministers may not interfere with bail hearing.
SG says that the CBI is not just seeking cancellation of the bail but a declaration that the proceedings of the court below would be vitiated and would be a nullity due to the external circumstances of mass protests.
SG : The third issue would be, as raised by the other side, is whether the division bench could have considered the matter, when bail and transfer are before the single bench as per roster.
SG says that the contours of the court's jurisdiction under Section 407 will be an issue.
Acting CJ Bindal says that the order was not passed while the bench was hearing the matter