Narada Scam Case- Supreme Court Hearing On Pleas By WB Govt & Mamata Banerjee Against Calcutta HC Order- LIVE UPDATES

Singh: When did the case change ? There is no direction to file Affidavits.

Bench: We had indicated that if a consensus comes, good. But, broadly we can say that what you’ve said here, instead of 24 hours, we can give 48.

Singh: This order will have to be set aside.

Singh: You cannot say that CBI can file Affidavit without Application, but we have to file an Application. Why is new procedure designed for us.

Bench: We are conscious of this.

 Singh: I was not a part of the matter before. Please see. The order says so. It was on maintainability when I was joined.

Sr. Adv. AM Singhvi: I am a party before the HC. SG should not drag me by way of that last line.

 Bench: We will not request anything. They will only decide the application. We will direct the respondents, all three, to file their application in support of their counter affidavits within 24 hours.

SG: Accused may not start another round of arguments on their affidavits.

Bench: We cannot request the argument to do anything except decide on the Affidavits. 

Bench: This de novo has to be decided by SG.

SG: Contentions raised before HC, we can raise it again. This line can be added.

Bench: If they are given liberty to move Application, then it follows that you can file Counter.

Bench: Why that application wasn’t filed, and if it should be filed, the reasons for doing. This appears to be reasonable. If you are agreeable to this, we can remand the matter back to the HC.

 Bench: We can say that you file it by tomorrow.

Dwivedi: Reasons given in impugned order will stand in the way.

Bench: If we remand it, then it will be decided de novo. 

Bench: Why that application wasn’t filed, and if it should be filed, the reasons for doing. This appears to be reasonable. If you are agreeable to this, we can remand the matter back to the HC. 

Bench: Dwivedi and Singh, in the moments of the hearing, prima facie it could be taken by the Court thatyou don’t want to file affidavit. There is always a choice. In the midst if you want to file, probably you should move an application requesting to file.

Bench: I have still one more question. What has happened to Respondent 5, that is not clear from order sheets. His affidavit is not there.

Bench: You can file an Application. If that suits you, then do that. We find that on broader aspects that when there is a particular set of allegations and you propose to counter them, you take it.

Bench: We are not finding fault anywhere. Everyone was in a rush. Entire concentration was on bail/interim bail. AG also raised preliminary objections and SG said that he would answer them. He argued for 3 days.