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Justice Aniruddha Bose of the Supreme Court recused himself from hearing the case related to Narada scam.
The bench, also comprising Justice Hemant Gupta, requested CJI NV Ramana to see if another bench could be set up to hear matter today
The Supreme Court had agreed to hear on June 22 plea by West Bengal Government and State Law Minister Moloy Ghatak against the Calcutta High Court’s refusal to place on record affidavits filed by them in the Narada Scam case.
The bench comprising Justices Hemant Gupta and Anirudhha Bose were hearing an appeal by Law Minister of West Bengal and CM Mamata Banerjee challenging the Calcutta High Court order refusing to take on record, an affidavit filed by the state, Chief Minister and Law Minister, in a transfer plea filed by CBI in the case related to the Narada Scam.
The five Judge bench of the Calcutta High Court on June 9th refused to admit the affidavit filed by the state government on the ground 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”.
Last week, Supreme Court judge, Justice Indira Banerjee had recused from hearing the pleas seeking an SIT/CBI’s probe into the death of 2 BJP Activist(s) Avijit Sarkar & booth worker Haran Adhikari & other large scale incidents of violence unleashed allegedly, at the behest of All India Trinamool Congress supporters.
The matter was listed before the vacation bench of Justice Indira Banerjee and Justice MR Shah, however when the same was called out, Justice Banerjee said, “I have some difficulty. I cannot hear this matter”, she had stated.
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