Interim Bail Granted To 4 TMC Leader By The Calcutta HC: Narada Case

What is the Narada Case

• The Narada sting operation was conducted in West Bengal by Narada news founder Mathew Samuel from around 2014 to 2016 when its results were published.
• Impex Consultancy Solutions was a fictitious company formed and was used to approach several TMC ministers, MPs and leaders, asking them for favours in return for money.
• As consequences of the sting operation, CBI probes and ED investigations followed.
• On May 9, in furtherance of a request made by the CBI, West Bengal Governor Jagdeep Dhankhar, sanctioned the prosecution of Subrata Mukherjee, Firhad Hakim, Madan Mitra and Sovan Chatterjee and were arrested by the CBI on May 17.

What led to the interim bail

• Owing to excessive protest led by Chief Minister and the Law Minister against the arrests of the TMC leaders, the CBI special court directed for grant of interim bail to the arrested leaders on May 17. However, a division bench consisting of Acting Chief Justice Rajesh Bindaland Justice Arijit Banerjee stayed the order and the said leaders were put under house arrest on May 21.
• CBI’s plea for stay on house arrest being rejected by the HC, on May 25 moved to the SC which also upheld SC’s verdict.
• However, on May 28 a five judge bench consisting of Acting Chief Justice Rajesh Bindal and Justices IP Mukerji, Harish Tandon, SoumenSen and Arijit Banerjee decided to grant an interim bail to the said leaders.
• The bench has made it clear though that the interim bail is subject to the final verdict and will be discarded in case of CBI succeeding with its petition.

What are the conditions of the bail

• The TMC leaders have been asked to provide a personal bond of Rupees two lakhs with two solvent sureties.
• They have been instructed to provide full co-operation with the investigation and participate if required via video conferencing.
• The bench also directed the leaders to refrain from making any statements to the media of any sort.

What are the arguments

• Solicitor General Tushar Mehta representing CBI, opposed the grant of interim bail stating that the leaders are influential enough to hinder in the free course of investigation.
• To this the SC countered that the investigation was in fact is ongoing since 2017 and if they could not curtail it since how will they now. Besides, the bench was of the opinion that they are public servants and should not further be kept under house arrest given the situation the pandemic.
• Further Tushar Mehta raised the point of imposing a condition where the leaders cannot gather a mob to protest or create chaos during appearances for investigation or trials.
• Senior advocate Abhisheke Singhivi Manu countered the condition of mob gathering saying that it is a presumptuous condition and the possibility of mob gathering does not require or imply participation the accused leaders.

What do you think about the grant of interim bail? Let us know in the comment section below.