Kolkata, May 18: The Calcutta High Court on Monday night stayed a lower court's decision to grant bail to two TMC ministers and an MLA along with a former party leader, arrested and charge-sheeted by the CBI in Narada sting tape case.
The central agency moved a division bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee soon after a special CBI court granted bail to the leaders -- state ministers Firhad Hakim and Subrata Mukherjee, TMC MLA Madan Mitra, and former TMC leader and erstwhile Mayor of Kolkata Sovan Chatterjee.
The division bench said it deemed it appropriate to stay the special court's order and direct that the "accused person shall be treated to be in judicial custody till further orders".
The court directed that the matter will be heard again on May 19.
The authority in whose custody they are kept shall ensure that they have all medical facilities available as required and they are treated in terms of the provisions of the jail manual, it added.
The CBI was represented in the high court by Solicitor General of India Tushar Mehta.
The CBI office at Nizam Palace in Kolkata became the latest political battleground in the state as chief minister Mamata Banerjee arrived along with the kin of these politicians and demanded that she also be arrested while angry protestors gathered at the site, defying the ongoing coronavirus lockdown, and hurled stones and bricks at security personnel.
The bench noted that the CBI moved the high court "to deal with an extraordinary situation where Chief Minister of the State can sit on a dharna outside the office of the Central Bureau of Investigation along with her supporters."
The CBI also claimed that the Law Minister of West Bengal was present in court where the accused were to be presented along with a "mob of 2,000 to 3,000 supporters."
The CBI further claimed that the Chief Minister, Law Minister and other senior ministers of the West Bengal government along with their supporters in thousands were obstructing the CBI in discharge of its official duties.
The investigating agency claimed that a number of followers of the arrested political leaders gheraoed the CBI office in the Nizam Palace area and did not allow the CBI officers to move out of their office to enable them to produce the accused in court.
The leaders were produced before the special CBI court virtually and were granted bail.
The agency also claimed before the high court that West Bengal Chief Minister Mamata Banerjee arrived at the spot at 10.50 am and sat on dharna along with the mob, demanding unconditional release of the arrested persons from the CBI office.
The matter was mentioned before the high court in the afternoon seeking direction to the state to allow the CBI to discharge its function.
Solicitor General Mehta submitted before the court, which heard the matter in virtual mode, that it is a case in which there is total failure of rule of law.
Appearing for the state, Advocate General Kishore Dutta submitted that CBI officers were provided full protection by the local police for discharge of their duty.
He further claimed that there is no official complaint filed by the CBI with the police about any incident.
Passing the order, the division bench observed that confidence of the people in the justice system will be eroded in case such types of incidents are allowed to happen in matters where political leaders are arrested and are to be produced in court.
"Public trust and confidence in the judicial system is more important, it being the last resort," the high court bench observed.
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Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Wednesday rubbished allegations that the IPL final venue was shifted from Bengaluru to Ahmedabad due to the distribution of tickets to MLAs.
Speaking to reporters, Shivakumar said the reason for the shift could be the availability of a larger stadium in Ahmedabad.
“Ahmedabad has a large stadium and can accommodate more spectators. That must be the reason the IPL final was shifted there. There is no connection between ticket distribution to MLAs and the venue change,” he said.
When asked about reports linking the venue shift to MLAs demanding tickets, he quipped, “In some places, 50 per cent of tickets are reserved.”
When reporters said the BCCI had indicated that the decision was linked to ticket issues, he responded, “Let them make such statements. I will respond appropriately.”
Bengaluru was originally expected to host the final as the Royal Challengers Bengaluru were the defending champions.
Ahmedabad will host the IPL final for a second successive season on May 31, the BCCI announced earlier in the day, while allotting Qualifier 1 to Dharamsala and two other playoff games to New Chandigarh.
The board, however, said the final venue was shifted “owing to certain requirements from the local association and authorities that were beyond the scope of BCCI’s established guidelines and protocols.”
Shivakumar declined to comment on the revocation of the suspension of Muslim leaders in Davanagere, saying it was a party decision.
Regarding the removal of MLC Naseer Ahmed as CM Siddaramaiah’s political secretary, he said the chief minister had already spoken on the matter.
“The CM has his own information. Party office-bearers have provided guidance. He was given certain responsibilities, which he did not handle properly, which is why he was removed,” Shivakumar said.
On MLC Abdul Jabbar, who resigned as the state Congress minority cell chief and was later expelled from the party, he said Jabbar had submitted his resignation, which the party accepted.
The Congress in Karnataka faced internal dissent in April when several Muslim leaders objected to the party fielding Samarth Shamanur as its candidate for the recently held Davanagere South Assembly bypoll.
They demanded that a Muslim candidate be fielded, citing the constituency’s substantial Muslim population. The party subsequently took disciplinary action against three leaders, including Jabbar and MLC Ahmed.
When asked about his and the CM’s visit to Delhi, he said, “We will go when the high command calls us. It is not appropriate to go without being called.”
On Congress supporting TVK in Tamil Nadu, Shivakumar said the decision was taken to keep the "BJP out of power and strengthen secular forces." Elections to the 234 Assembly constituencies were held on April 23, and the results were announced on May 4.
The Congress party, a long-time ally of the DMK, announced its support for TVK to form a government in Tamil Nadu and severed ties with the Dravidian major.
The incumbent DMK was trounced by the fledgling Tamilaga Vettri Kazhagam, led by Vijay, who secured 108 seats. “Despite pressure from the AIADMK and BJP, TVK did not align with them. Our party has taken this decision in the interest of secular forces and the welfare of Tamil Nadu,” Shivakumar said.
