Legal Issues Can't Be Raised And Settled In Streets : Acting CJ Rajesh Bindal Of Calcutta HC Refuses Interim Bail To TMC Leaders In Narada Scam Case

Key Takeaways

• Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee of the Calcutta High Court's division bench delivered a split decision on the interim bail pleas of four Trinamool Congress leaders detained by the CBI in the Narada scam case.
• Interim bail was denied by Acting Chief Justice Rajesh Bindal, but Justice Banerjee ruled that it should be granted.
• The case has been assigned to a 5-judge tribunal due to the judges' differing viewpoints.
• However, both judges agreed that the perpetrator should be kept under house arrest before the case is eventually settled.
• They've written different orders about that they came to their conclusions.

Case at Hand

• The case to the bail given to Ministers Firhad Hakim and Subrata Mukherjee, as well as MLA Madan Mitra and Sovan Chatterjee, who were apprehended by the CBI on May 17 from their Kolkata homes.
• The arrests caused dramatic events in the state capital, with Chief Minister Mamata Banerjee staging a dharna in front of the CBI office and Law Minister MoloyGhatak leading a huge crowd of protesters to the court where the Trinamool leaders' bail applications were being heard.

Court Held That

• In his order, the Acting Chief Justice observed that the claims in the petitions filed by TMC representatives requesting recall of the High Court's order staying the trial court's bail were advancing.
• One of the accused's lawyers hasn't finished his claims yet. The CBI's statement is yet to be heard.
• As a result, Justice Bindal said that it was "premature" to find a prima facie case for interim bail, particularly when cases are heard on a daily basis.The order specified that the "interim relief hoped for, is in the nature of final relief."
• The bail issued by the Special CBI Court in Kolkata to four Trinamool Congress leaders was stayed by the High Court on May 17.
• The TMC leaders lodged applications the next day to get the stay order revoked, claiming that it was passed without prior notice.

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