HC questions CBI claim of bias in Narada case, points to rights

The bench also questioned the CBI what prejudice could have been caused if the agency didn’t move the letter seeking a stay on bail immediately and waited for one day.

A five-judge bench of the Calcutta high court hearing the bail plea of four West Bengal leaders accused in the 2016 Narada sting operation case told the CBI on Thursday that procedure becomes important when rights are involved.

A view of Calcutta High Court where the Narada scam case is being heard, in Kolkata (Samir Jana/Hindustan Times)

The bench also questioned the CBI what prejudice could have been caused if the agency didn’t move the letter seeking a stay on bail immediately and waited for one day. On May 17, the CBI arrested two cabinet ministers, Firhad Hakim and Subrata Mukherjee, TMC legislator Madan Mitra and former mayor Sovan Chatterjee.

Even though a special CBI court granted them interim bail on the same day, later that evening the CBI moved the high court. The division bench of acting chief justice Rajesh Bindal and justice Arijit Banerjee stayed the bail and the leaders were sent to judicial custody. Later, on May 21, they were put under house arrest and the court constituted a larger five-judge bench to hear the bail petitions. On May 28, the five-judge bench granted them interim bail.

The bench, however, questioned the CBI on what terms the proceedings could be declared as vitiated and the case be transferred. The bench also questioned what would happen to the rights of the accused.

Solicitor general Tushar Mehta, appearing for the CBI, said the May 17 proceedings of the special CBI court were vitiated “by corrupting the atmosphere”. He said that he had to argue his case over mobile phone as he was not allowed to step out. Even the case diary was not presented, he said.

The bench will again take up the matter for hearing on Friday.