[Narada] Supreme Court sets aside Calcutta HC order refusing to take on record affidavits of CM, State and Law Minister; remands matter to HC

The Supreme Court on Friday annulled a June 9 order of the Calcutta High Court refusing to take on record reply affidavits by the West Bengal government, Chief Minister Mamata Banerjee and State Law Minster Moloy Ghatak in the plea filed by the Central Bureau of Investigation (CBI) seeking transfer of the Narada case.

. The Bench of Justices Vineet Saran and Dinesh Maheshwari directed the petitioners to file fresh applications before the High Court supporting their counter affidavits and giving reasons why they were filed at a later date on June 7 and June 9, after substantial arguments were over.

. " We are of the opinion that the petitioners ought to have given an application to take the respective counter affidavits on record, especially when the submissions and arguments were going on," the Court stated in its order.

. The parties agreed to the suggestion of the Court that the matter could be remanded to the High Court to be decided afresh on the basis of the reasons given in the applications which may be filed. The Court thus disposed of the appeals with the following directions:

"In view of the fact that the High Court is hearing the case on June 29, we direct that the petitioners may file their respective applications in support to bring the counter affidavits filed by them on June 7 and 9 on record by Monday June 28 after serving advance copies on counsel for CBI and others on or before June 27. CBI can file reply by June 28," the top court said.

It further said that the order of June 9 shall stand annulled and the High Court shall decide the matter de novo.

. " To avoid any prejudice to be caused to any of the parties, the order dated 09.06.2021 shall stand annulled and the High Court shall decide the matter de-novo. It goes without saying that after deciding the aforesaid applications of the petitioners, the High Court shall decide the further course of action and proceed with the matter accordingly, " the apex court ordered.

. On June 9, the Calcutta High Court had noted that the CM, Law Minister and State had waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response.

"It is nothing else but filling the lacunae or supporting the accused. That is why, even the learned Counsels appearing for the accused are also supporting the prayer made by the State for taking these belated affidavits on record," said the High Court.

. Appearing for Chief Minister Mamata Banerjee before the Calcutta High Court, Senior Counsel Rakesh Dwivedi had submitted that if the affidavit is ignored, justice will be hampered.

“Apologies for the inconvenience, but it is a question of justice. If the affidavit is ignored, the interests of justice will not be served. These are serious charges by the CBI, therefore they should prove the facts. Why should CBI shy away from bringing out the facts?”

However, Solicitor General (SG) Tushar Mehta had strongly objected to the acceptance of the affidavits, claiming they were filed after he completed his arguments.

.[Narada Case] West Bengal govt, State Law Minister move Supreme Court against refusal by Calcutta High Court to take their affidavits on record. " The respondents concerned have taken a calculated risk in not filing their affidavits at the right time, hence, now they cannot be allowed to do so at their own whims and fancies , whenever they wish to do the same. Urgency of the matter could be appreciated on behalf of the accused, who were in custody but it cannot apparently be on behalf of the State, hence, if the State or other persons impleaded by the CBI wanted to file their response, time could have been sought at that time and not when the arguments are at an advanced stage," the High Court order had said.

. [Read a detailed account of today's hearing]

. [READ ORDER]

[Narada] Supreme Court sets aside Calcutta HC order refusing to take on record affidavits of CM, State and Law Minister; remands matter to HC

Debayan Roy

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