'We Don't Feel Our District Judiciary Is That Weak To Be Influenced By Mob' : Supreme Court Tells CBI In Narada Case

The bench iterated that they did not want to demoralize the judiciary, with Justice Gavai mentioning a personal example on the issue:

"We have also been tried to be pressurized. I was in an anticipatory bail in Aurangabad. Hundreds from Mahila Mukti Morcha came to my Court. I was advised not to pass the order in open court or else it would create a law and order situation. But, I had to pass the order", remarked Justice Gavai.

The Bench was hearing an appeal filed by the CBI against a Division Bench order of the Calcutta High Court allowing house-arrest of four TMC leaders in the Narada Scam Case. 

It was the CBI's case that the Calcutta High Court failed to consider the implications of enlarging the TMC leaders, who were influential persons. It was argued that they would tamper with witnesses or the administration of justice in some way or the other.

The SG contended that it was a very serious matter with extraordinary circumstances as there was a complete failure of rule of law. He submitted that thousands had laid siege outside the CBI office, including the Chief Minister and Law Minister of the State in a bid to exert influence on the order of the district judiciary.

It was further urged that the Supreme Court should transfer the matter outside the State of the West Bengal as the High Court as reduced it to a simple case of few individuals seeking bail without taking into account the atmosphere, whereas the question was of a wider magnitude.

Taking objection to this, the Bench stated, "They (accused) are already under house arrest. You are accusing the High Court. Special Benches are assigned to give liberty. This is the first time we are seeing that they are being used to take away liberty."

The bench repeatedly told the SG during the hearing that the "liberty of a person is the first thing to be seen" and that the issue of personal liberty cannot be mixed with other issues such as Chief Minister's dharna and public protests against arrests by CBI.

After adverse remarks from the Bench, the SG sought permission to withdraw the petition, with the liberty to raise the issues before the Calcutta High Court, which was allowed by the Supreme Court.