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Supreme Court today allowed CBI to approach the Calcutta High Court against its order of House Arrest against 4 AITC leaders.

Arrest of Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee were made by the CBI on May 17, following which by a split verdict delivered on May 19 and 22, the bench led by Acting Chief Justice Rajesh Bindal of Calcutta High Court directed to put the accused(s) in House Arrest.

A Division Bench of Justice Vineet Saran and Justice BR Gavai, while hearing the matter, orally remarked,

“We don’t appreciate such Dharnas but if some CM or Law Minister are taking law into their hands, should the accused be made to suffer?”

“Infact High Court has acted in a very extraordinary manner… Special Benches are constituted to protect the accused. We are seeing for the first time that a special bench is being constituted to take away the liberty granted to the accused”

“We would not like to mix the matter of liberty of the Accused with the acts of political leaders”

“We don’t feel that our judiciary, including the lower Judiciary, is that weak to get vitiated. We would not like to demoralize our judiciary”

“Basically it is not the matter that is to be looked into. It only whether bail is to be granted or not; regarding other issues other remedies are available. Now in a bail matter, how far a person can go? Liberty is the first thing, conduct in the relevant proceedings is next.”

Making no observations on merits, the bench observed, “SGI has requested to withdraw with liberty to raise all contentions before the 5 Judge bench of the Calcutta High Court hearing the matter. All other parties shall also have the liberty to raise available contentions. Disposed of as withdrawn.”

Senior Advocate Vikas Singh represented the State of West Bengal;

Senior Advocate Dr Singhvi appeared for accused Farad Hakim and Subrata Mukherjee;

Senior Advocate Siddharth Luthra appeared for accused Madan Mitra;

Advocate Sumeer Sodhi appeared for Respondent 4;

SGI Mr. Mehta made submissions for the CBI.

Hearing commenced with Senior Advocate Singh raising preliminary objections; “Rule say that SLP against interim order will not be listed in the vacation bench, Who is controlling the registry?”

The pressure upon Investigative Agency has been reduced to Bail, said the learned SGI, Mr. Mehta as his opening remarks.

SGI: My prayer is, in addition to transfer, to declare the proceedings post production of the accused, a Nullity (order dated 17. 05. 2021)

SGI: Bail Order is vitiated due to circumstances prevailing. CM sits in the complex unless the order is passed.

SGI: I am not saying that the High Court is not Trustworthy, I am saying the State is not Trustworthy. There is an agency, the topmost agency coming and saying that we were unable to defend our Bail Application in the High Court. Would your Lordships not like to examine this? We do not press beyond a certain point in all the matters.

Reliance was placed by the Learned SGI on (2013) 16 SCC 190.

SGI: This is not the matter of Bail of two accused. Please examine the matter and till then let them remain in Hospital.

Matter has been withdrawn with liberty to approach the Calcutta High Court, 5 Judge bench hearing the matter.