Narada Case : Calcutta HC Directs CBI Official To Appear Before WB Speaker For Submitting Chargesheets Against MLAs Without Prior Consent

The Calcutta High Court on Monday directed.an officer of the Central Bureau of Investigation (CBI) to appear before the Speaker of the West Bengal Legislative Assembly at 4 pm on Monday itself pursuant to the summons issued to the CBI regarding charge sheets filed against legislators in the Narada scam case. 

The Speaker had summoned senior CBI and Enforcement Directorate officers to appear on October 4 at 1 pm in order to explain why no permission had been taken from his office before submitting charge sheets against legislators of West Bengal. 

Justice Rajasekhar Mantha observed, 

"Since the Speaker is a Constitutional functionary, the petitioner shall appear before the Speaker at about 4 p.m. today (04.10.2021). The views of the Speaker shall be heard by the petitioner and an adjournment shall be prayed."

The CBI had arrested four Trinamool Congress leaders - Firhad Hakim, Madan Mitra, Subrata Mukherjee and Sovan Chatterjee on May 17 in connection with the Narada scam case. They had been later released on bail on May 28. 

The instant petition had been moved by Deputy Superintendent of Police, CBI, who had conducted an investigation into acts of omission and commission of Ministers and Members of the West Bengal State Legislative Assembly.

Solicitor General Tushar Mehta submitted before the Court that the C.B.I. had obtained the sanction of the Governor of the State of West Bengal for prosecuting the four Members of the legislature and hence the Speaker does not have authority to question the same.

He also argued that the issue with regards the authority of the Governor to grant such a sanction may be made the subject matter of a proceeding before five Judges' bench of this Court or any jurisdictional Court.

However, the Court opined that views of the Speaker must be heard before any orders are passed in this regard.

Accordingly, the Court ordered that it would hear the challenge to the summons issued by the Speaker on Tuesday at 2pm.

"It is made absolutely clear that the appearance of the petitioner before the Speaker, shall be strictly without prejudice to his argument that the Speaker does not have jurisdiction, to summon the petitioner or question the sanction already granted by the Hon'ble Governor of the State, to initiate prosecution against the four Ministers/Members of the Legislative Assembly of the State of West Bengal", the Court further clarified. 

Case Title: Satendra Singh v. Hon'ble Speaker of the W.B. Legislative Assembly, Biman Banerjee & Anr

Click Here To Read/Download Order