[BREAKING] Narada Case: Calcutta High Court grants interim bail to TMC leaders

The Calcutta High Court on Friday decided to grant interim bail to the four Trinamool Congress (TMC) leaders, Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee, arrested by the Central Bureau of Investigation (CBI) in relation to the Narada case.

. The five-judge Bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, Soumen Sen and Arijit Banerjee decided to grant interim bail even as other issues raised by the CBI regarding breakdown of law and order vitiating the special CBI court proceedings would be heard later.

. "Having heard learned counsel for the parties, we are of the view that the factual and legal issues, sought to be raised by them, may require some time for final determination. 5. At this point of time considering all circumstances we deem it fit and proper to grant interim bail to the accused," the Court ordered explaining its rationale for granting interim bail.

. The grant of interim bail will be subject to personal bond of Rs. 2 lakh and two sureties. The accused were also ordered to give an undertaking that they will not speak to the media on the case and issues relating to case.

. "The accused persons shall not give any press interview or make any public comments in connection with the cases pending in this Court or in the trial Court, pertaining to the alleged offence concerning themselves or any other co-accused," the Court ordered.

. The Court further directed that the accused persons should make themselves available for interrogation as and when required by the CBI.

Considering the lockdown imposed in the State of West Bengal due to COVID-19, the interrogation may be carried out via virtual mode, the Court added.

. "They shall file an undertaking by May 31, 2021 before the Registrar General of this Court as well as CBI Court undertaking to comply with the aforesaid conditions," the Court further directed.

. Opposing the grant of bail, Solicitor General Tushar Mehta , appearing for CBI, said that the four leaders are influential enough to affect the probe into the case.

"It may have an adverse impact on the society. I would respectfully urge not to grant interim bail," he pleaded.

. At this point, Justice IP Mukherjee said,

"This probe started in 2017. They were not arrested then and probe was completed without arresting them. Why do you think they need to be arrested now and prevented from discharging their public duties after investigation is over?"

. SG Mehta then said that if the leaders are granted bail, they should not be allowed to interact with the media.

. The Court eventually decided to grant interim bail. The hearing of the cases on larger issues relating to transfer of case from special CBI court to High Court on the ground of law and order situation in the State capital, will be heard on Monday, May 31.

The four TMC leaders were arrested by the CBI in connection with the Narada case on May 17.

. Subsequent to their arrest, the four leaders were granted bail by a Special CBI Court. On that same day, the order granting bail was stayed by a Division Bench of the High Court. This, after the CBI sought a transfer of the case citing a threat to the probe agency on the ground that West Bengal Chief Minister Mamata Banerjee and TMC ministers were sitting on dharn a outside the agency's office at Nizam Palace.

. On appeal against the stay order, the judges on the Division Bench disagreed on aspect of interim bail . This led to the constitution of the 5-judge Bench. In the meanwhile, the arrested leaders were placed under house arrest.

. The CBI had then moved the Supreme Court on May 23 challenging the May 21 order passed by the Division Bench, which had directed that the four TMC leaders be placed under house arrest . However, the top court refused to entertain the same, prompting the CBI to withdraw the plea.

. On the last date of hearing, the High Court said that it would first hear arguments on the application seeking recall of the Division Bench order of May 17 .

.[Narada case] Unless you can show that alleged mobocracy had effect on the judge, how can you invoke Article 226? Calcutta High Court. Tushar Mehta, Solicitor General of India and Additional Solicitor General YJ Dastoor along with Advocates Kanu Agarwal and Samrat Goswami appeared on behalf of CBI.

Senior Advocates Dr. Abhishek Manu Singhvi and Siddharth Luthra along with Advocates Debanjan Mandal of M/s. Fox & Mandal, Kolkata, Kunal Vajani, Suhaan Mukherji, Sabyasachi Banerjee, Sandip Dasgupta and Gopal Chandra Halder appeared on behalf of Firhad Hakim.

Advocates Sumeer Sodhi, Sourav Chatterjee, Partha Pratim Dasgupta and Debayan Sen appeared on behalf of Sovan Chaterjee.

Senior Advocates Dr. Abhishek Manu Singhvi and Kalyan Bandhopadhay along with Advocates Sabyasachi Banerjee, Kunal Mimani, Ayan Kr. De appeared on behalf Subrata Mukherjee.

Senior Advocate Siddharth Luthra along with Advocates Niladri Bhattcharya and Soham Bandopadhay appeared on behalf of Madan Mitra.

Kishore Datta, Advocate General along with Abhratosh Majumdar, Additional Advocate General and Advocate Sayan Sinha appeared on behalf of State of West Bengal.

Senior Advocate Rakesh Dwivedi appeared on of Chief Minister Mamta Banerjee and Law Minister Moloy Ghatak.

. [Read Order]

. [Read a detailed account of the hearing here]

[BREAKING] Narada Case: Calcutta High Court grants interim bail to TMC leaders

Murali Krishnan

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