One of the judges of the bench says that the CBI's application was "skeletal".
"One of the issue is whether the HC can stay the bail order without notice when there is no application seeking cancellation, and by filing an application under Section 407 CrPC", the judge says.
Bench asks SG what was the prayer in the letter.
SG's colleague Dastoor reading out the letter.
Bench asks Dastoor only to read the prayer.
SG : The first issue is whether the Court can act on a letter and an oral submission made by the investigating agency when the incidents were happening in public glare. Entire media was capturing it.
Solicitor General : Before the order came to be passed, I had made a request before the Acting CJ to take cognizance of the events. I had requested the invocation of powers under Section 407 CrPC and inherent powers for suo moto cognizance.
Solicitor General : The terrorizing effect of this crowd and the stone-pelting incidents were so much that the physical copy of the case diary could not be produced before the Court. We could not argue properly. Ultimately the order came to be passed.
Solicitor General : The CM's gathered a crowd in the CBI premises. Stone pelting happened in the CBI premises. At the same time, few cabinet ministers moved to the court. All these was done to prevent the physical production of the accused before the Court.
Solicitor General giving the background : On May 17, CBI arrested four persons. Few incidents happened, which according to me, are systemic and well orchestrated attempts to prevent them from being arrested. Second incident is Hon'ble Chief Minister entered the CBI office.
The bench re-assembles.
Acting CJ Bindal : Let us first understand the issues we have to deal with.
SG : Do I need to argue in detail or just point out the issues?
ACJ : First let us hear the issues.
The bench takes a break to discuss the course of action. It will re-assemble in 5 minutes.