[BREAKING] Calcutta High Court stays CBI court order granting bail to TMC leaders Madan Mitra, Firhad Hakim, Subrata Mukherjee, Sovan Chatterjee

The Calcutta High Court at a special sitting held late on Monday, has stayed the order of the Special CBI court which had granted interim bail to All India Trinamool Congress (TMC) leaders Madan Mitra, Firhad Hakim @ Bobby Hakim, Subrata Mukherjee and Sovan Chatterjee in the Narada case. .The order was passed by a Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee in a petition moved by CBI seeking transfer of trial in the case from West Bengal. .While two of them, Firhad Hakim and Subrata Mukherjee are sitting ministers in the State cabinet, one of them Madan Mitra is an MLA.Chatterjee is a former Kolkata Mayor.They were picked up from their residences on Monday morning triggering another stand off between the Central government and the Mamata Banerjee led TMC government in West Bengal. .Mamata Banerjee had sat outside CBI office on Dharna along with TMC supporters following the arrest. The case was taken up for urgent hearing after Additional Solicitor General, YJ Dastoor mentioned the matter seeking urgent hearing pointing out the situation that unfolded in the State capital.When the matter came up for hearing, Solicitor General Tushar Mehta highlighted the fact situation and urged the Court to exercise powers under Section 407 of the Code of Criminal Procedure to transfer the trial.The Court recorded Mehta's submissions as follows:"The Law Minister of the State went to the court where the accused were to be presented along with crowd of 2000 to 3000 supporters and remained in court throughout the day. This was the ground reality under which CBI was to function and the Court below was to hear the arguments and pass the order. It is a case in which there is total failure of rule of law. The justice is not only to be done but seen to have been done."Mehta said that there exists sufficient ground to transfer the trial in the case in exercise of powers under Section 407 of the Code of Criminal Procedure since there is a collapse of law and order (CrPC). .The Advocate General, representing the State government submitted that in case any application is filed under Section 407 Cr.P.C., all the affected parties are to be heard which include victim, accused and the witnesses of the case before an order can be passed. .The High Court, however, disagreed. It noted that the Law Minister of the State along with supporters mobbed the court where the accused were to be presented along with charge sheet. "The Law Minister remained in the court complex throughout the day till the arguments were heard. In these facts and circumstances if any order is passed by the Court the same will not have faith and confidence of the people in the system of administration of justice," the Court said. Confidence of the people in the justice system will be eroded in case such types of incidents are allowed to happen in the matters where political leaders are arrested and are to be produced in the court, it added. "People may have a feeling that it is not rule of law which prevails but it is a mob which has an upper hand and especially in a case where it is led by the Chief Minister of the State in the office of CBI and by the Law Minister of the State in the Court Complex," the Court further said. It, therefore, stayed the order of special CBI court and ordered that the arrested leaders be kept in judicial custody. .Special CBI judge, Anupam Mukherjee had earlier today granted interim bail to the four leaders. .The special judge had noted in its order that CBI had not sought custody of the four accused for interrogation but prayer was for judicial custody which cannot be a ground for detention of the arrested persons."Considering all these aspects the accused persons namely Sir Madan Mitra, Firhad Hakim @ Bobby Hakim, Subrata Mukherjee and Sovan Chatterjee (are) granted interim bail," the Court ordered.The bail was subject to the them furnishing bail bonds of Rs. 50,000 each with two sureties of Rs. 25,000 each.Interestingly, the special court, in granting bail to the accused, had relied upon the recent judgment of the Supreme Court urging decongestion of prisons to avoid COVID-19 spread."The Hon'ble Apex court is also of the view of that the over crowding of the accused in the prison might have an effect of the infection of the COVID-19 which should not be encouraged and accordingly, the Hon'ble Apex Court has directed the authorities concerned to deconjest the prison for avoiding the infection in between the inmates," the Court said..[Read Order]