Narada Scam: Calcutta HC Allows Affidavit By the State CM And The Law Minister; Imposes Cost Of Rs 5000

A 5-Judge bench of Calcutta High Court presided by the Chief Justice, accepted the Affidavit by State CM and the Law Minister, Moloy Ghatak in the Narada Scam case, imposing a cost of Rs 5000, payable to the State Legal Services Authority.

The bench further said that the counsel for the Accused will not be allowed to submit again as the matter is between the CBI and the other two respondents.

In terms of the Supreme Court order of June 25, West Bengal CM Mamata Banerjee had filed a fresh affidavit before the Calcutta High Court on June 28.

On June 9, High Court had refused to accept the affidavit by the State, saying that,

“if the Petitioner wanted to file its response, time should have been sought at the time of issuing notice and not when the arguments are at an advances stage, more so when the Petitioner was a party, which only had to respond to certain factual assertions made in the pleadings by the CBI, in utter disregard to the Principles of natural justice and de hors the applicable rules of the High Court for completion of pleadings”. 

Subsequently the State had approached the Supreme Court.

A Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari, while pronouncing orders in the matter on June 25, said,

“The grievance of the petitioner is that the affidavits in reply filed by them on June 7 & June 9 have not been taken on record which according to them cannot be justified in law as they were not granted sufficient opportunity.

Detailed arguments have been raised by Counsel of the petitioners. SGI has however submitted that the High Court’s order is wholly justified as petitioner had been participating in the proceedings of the HC and did not file their response.

We are of the opinion that the respondents ought to have given an application to take respective counter affidavits on record specially when the arguments of the parties were going on and have progressed substantially.

We direct that the petitioners may file their respective applications in support to bring their counter affidavits filed on June 7 and June 9 on record by Monday June 28, after serving advance copies on counsel for the CBI and other necessary parties, on or before June 27. The CBI and other parties, if they so desire, may file a reply to the application therein by June 29.

We request the High Court to first decide the applications of the petitioners herein, before proceeding to decide the merits of the case.

Order dated June 9 stands annulled."