[Narada case] "No court in India can give an order canceling bail without notice to the accused:" Abhishek Manu Singhvi to Calcutta High Court

No court in India can pass an order cancelling bail without first hearing the accused, Senior Advocate AM Singhvi argued today before the Calcutta High Court, which is hearing the case concerning the arrest of four TMC leaders in the Narada sting case. .In particular, Senior Advocate Singhvi took objection to the unusual manner in which the interim bail granted by a lower court to Firhad Hakim, Subrata Mukherjee, Madan Mitra, and Sovan Chatterjee was stayed by the High Court without a formal application or hearing the accused.."The CBI's stance is ironic. CBI argued before this court late in the evening without serving me a copy, informing me, no natural justice. Order was obtained by complete misrepresentation and does not stand in law ... No court in India can give an order cancelling bail without giving notice to the accused and hearing the accused ... If they want to challenge bail they could have done it proper manner, not in this chaotic manner," Singhvi contended..The hearing is progressing before a Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee,."I agree it is unprecedented. What CBI has done has never happened before", Singhvi went on to argue, responding to Mehta's submission that the case involves unprecedented facts. .Singhvi further submitted that the issue involves liberty of individuals. "The test of liberty is on. Every argument my learned friend made is to keep then in jail for 1, 2 or 3 days .. And an impression is given there is breakdown of law and order because ministers came in support of arrested persons and after arguing at length before trial court," he said. .Referring to Solicitor General Tushar Mehta's concerns as regards the possibility of intimidating witnesses, Singhvi also contended, "From 2014-21 there is no intimidation of witnesses. In 2021 they rush to Governor despite Constitution bench judgments of Supreme Court ... Will anybody suggest that two accused who are ministers are flight risk? Also which possible evidence which of they wanted, they could have destroyed since 2011 will be destroyed now. It is common sense.".[Narada case] "Orchestrated attempts to frustrate justice:" Solicitor General Tushar Mehta argues for CBI in Calcutta High Court.Referring to the large gatherings convened by TMC members to protest the CBI's arrests, Singhvi added that the democratic right to protest does not go away because a matter is before a court of law. "The protests did not impede the CBI to produce them before court. Anybody has democratic right to protest. Their colleagues were arrested after 7 years...The MLAs felt that their colleagues were arrested on political vendetta because somebody could not digest defeat in elections ... The attempt is to connect two unconnected things. Grant of bail and protests are not connected ... Unless such protests impedes justice dispensation, it cannot be used to deny bail.".He went on to assert that the protests were peaceful. "What happened was peaceful Gandhian protests by Chief Minister, Law minister and colleague ministers. They exhorted people not to be violent," Singhvi said. .He also argued that Chief Minister Mamata Banerjee did not herself indulge in protests. "Chief Minister did not do any protest. She went to CBI office with family of accused to register her dissent", Singhvi said. .Senior Advocate Sidharth Luthra, also appearing for the accused, supported Singhvi's submissions."This is a matter of liberty. We had served the recall application on them so that they are not taken by surprise", he said while opposing Mehta's request for more time to file a reply to the recall application. .To track the case live, click here.