A 5-judge bench of the Calcutta High Court is hearing today the case related to the bail of four Trinamool congress leaders Firhad Hakim, Madan Mitra, Subrato Mukherjee and Sovan Chatterjee.The matter was referred to larger bench following a split between Acting CJ Rajesh Bindal and Justice Arijeet Banerjee on the grant of interim-bail.Meanwhile, the CBI has approached the Supreme Court...
A 5-judge bench of the Calcutta High Court is hearing today the case related to the bail of four Trinamool congress leaders Firhad Hakim, Madan Mitra, Subrato Mukherjee and Sovan Chatterjee.
The matter was referred to larger bench following a split between Acting CJ Rajesh Bindal and Justice Arijeet Banerjee on the grant of interim-bail.
Meanwhile, the CBI has approached the Supreme Court against the order allowing house-arrest of the four TMC leaders.
Live Updates
2021-05-24 05:46:55
24 May 2021 1:23 PM IST
Luthra says that there cannot be a transfer of the case to the High Court as it is a special offence and special court. He says the CBI request is contrary to precedents such as AR Antulay.
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24 May 2021 1:23 PM IST
Luthra : Police custody will not lie after chargesheet. Further investigation against other accused is no ground for police custody of accused, against who investigation is over.
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24 May 2021 1:23 PM IST
Luthra - Voice samples were taken in 2019. Without getting a report on the voice samples, which is the only evidence, a chargesheet was filed. Chargesheet was placed before Governor @jdhankhar1.
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24 May 2021 1:19 PM IST
Luthra : It is a case where there is abuse of power of arrest.
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24 May 2021 1:19 PM IST
Luthra : Bail is a judicial order. It cannot be cancelled under Section 407 or Article 226. The only remedy is Section 439(2) CrPC or 482, if there is pervesity. There are no circumstances to invoke 482.
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24 May 2021 1:19 PM IST
Now Sidharth Luthra makes submissions - The division bench order was passed without hearing the accused. The interim relief is in the nature of final relief as their personal liberty was curtailed.
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24 May 2021 1:19 PM IST
Singhvi - Number 1, hearing took place virtually.
Number 2, no minister went to the court.
Number 3, access to justice was not hindered.
Number 4, the personal liberty cannot be violated by reversing bail without hearing accused.
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24 May 2021 1:16 PM IST
Singhvi : In view of the unjust arrests, there was democratic arrests. It is allowed in democracy.
SG objects - These are arguments on merits. We are formulating issues. I did not say anything on merits.
Singhvi : Im on issues.
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24 May 2021 1:16 PM IST
Singhvi says the sanction from Governor @jdhankhar1 is bad in law since as per Constitution Bench judgments say Speaker is the authority to grant sanction with respect to legislators.
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24 May 2021 1:13 PM IST
Singhvi says that the triple tests of bail are satisfied in the case. There is no flight risk of accused, as they are MLAs and Ministers, and the arrest happened after 7 years.
