[Narada case] Newspaper reports cannot be basis for Writ Petitions: Sidharth Luthra tells Calcutta High Court - LIVE UPDATES

A 5-judge Bench of Calcutta High Court is hearing the plea moved by the CBI to transfer the Narada scam case presently pending before a special court to the High Court..The High Court had recently granted interim bail to the four TMC leaders, Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee, who were arrested by the CBI in relation to the case on May 17..Read an account of the last hearing here..Live updates from the hearing today feature here.Sidharth Luthra responding to Justice Harish Tandon regarding nature of CBI manual..The CBI operates under two laws - DSPE Act and CVC Act. Section 8(1)(a) of CVC Act lays down the powers of CVC to exercise superintendence over CBI in relation to prevention of corruption offences: Luthra.My understanding is CVC manual is issued by CVC and is, therefore binding on CBI: Luthra.Justice Tandon says non adherence to manual might be reason for departmental action but will accused get any right due to the same. Luthra referring to SC judgment of Ashok Agarwal judgment which mandates strict compliance with CBI manual.Luthra likens CBI manual to 'procedure established by law'. Submits that it has to be complied with..Luthra ends submissions on CBI manual. He is now making arguments regarding CBI's request for listing of case and how it violated Calcutta High Court Appellate side rules..The entire proceedings on plea by CBI was conducted by special court through virtual hearing. Hence it is denied that proceedings were vitiated due to mob. Even otherwise, only handful of lawyers were present in court complex: Luthra..During the course of hearing which lasted for one hour, CBI never raised any issuing of facing any difficulty from mob. The mobocracy argument (before High Court) was an afterthought: Luthra.CBI should be held liable for making blatantly false statements: Luthra .It is unfortunate that Court has not taken CBI affidavit on record. Even today, I am asking the Court to call for records including CCTV footage to ascertain whether what CBI is saying is true or not: Sidharth Luthra.Please put to CBI how many CBI trials are going on in West Bengal. Why is it that this case of specific interest to them for transfer: Sidharth Luthra.Please ask CBI to produce their communication to special court seeking virtual hearing. Why have they not produced it. Till date they have not submitted it. Why are they shying away? Sidharth Luthra .What about allegation that you lobbied through CM for virtual mode: Bench There is no question of lobbying. It is the law. The CrPC was amended to provide for producing accused through virtual mode for judicial custody way back in 2004: Luthra.They have all the while claimed there was well orchestrated plan. If that was the case, we would have asked for physical hearing. But virtual mode obviates any interference in court proceedings: Sidharth Luthra .Luthra says there are many cases where crowds gathers. Cites example of Kanhaiya Kumar case when Patiala House was thronged by crowds. These are things which will happen but that does not impact judicial decision-making..I can't understand what CBI's argument is all about. This is not the first time political leaders are being produced, says Luthra. Cites example of Godman Ram Rahim when ruckus happened when he was being produced in court.Luthra refers to P Chidambaram judgment. Luthra citing judgments on when custodial interrogation can be allowed..There was no occasion for custody in this case: Luthra..Luthra cites 1980 judgment in Gurbaksh Singh Sibbia case on exercise of Section 438 jurisdiction .Everything is recorded. Can CBI then tell Your Lordships with a straight face that it was not given a fair hearing? Luthra.All this is an afterthought and concoction: Sidharth Luthra.Luthra also objects to reliance on newspapers to reports by CBI. "Prime television should not determine how judges decide cases," Luthra. Incidentally I started my career as a journalist, says Luthra..Luthra citing judgments which say news paper reports cannot be basis for writ petitions..Bench rises for the day. Hearing to resume tomorrow.

[Narada case] Newspaper reports cannot be basis for Writ Petitions: Sidharth Luthra tells Calcutta High Court - LIVE UPDATES

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