[House arrest of TMC leaders] Supreme Court Vacation Bench to hear tomorrow CBI appeal against Calcutta High Court order

The Supreme Court will hear on Tuesday the appeal filed by Central Bureau of Investigation (CBI) against the Calcutta High Court order of May 21 which had directed that the four TMC leaders accused in the Narada scam be placed under house arrest for the time being instead of putting them in jail under judicial custody..The matter will be heard by a Bench of Justices Vineet Saran and BR Gavai after the CBI had requested the registry for early hearing of the case. .The investigating agency had earlier moved an adjournment letter before the Calcutta High Court stating that since it has moved the Supreme Court, the case which is slated to be heard by a 5-judge Bench of the High Court today, be deferred..The High Court, however, did not defer the matter but heard it on Monday till afternoon, on the issues to be considered by the Bench.It was then posted for further hearing on Wednesday..The appeal before the Supreme Court said that the Calcutta High Court grossly erred by putting the TMC leaders under house arrest "despite knowing the grave allegations against the Respondents and more so after seeing a glimpse of how the same individuals can misuse and abuse power to disrupt the administration of justice and procedures established by law.".Further, the appeal said that Chief Minister Mamata Banerjee's visit to the CBI office where four accused were taken "broke all rules and norms and violated the very rule of law which the Chief Minister took the oath to abide of the Constitution."."Several ministers and MLAs, joined the chaotic scenes. Simultaneously the Law Minister, Moloy Ghatak went to the CBI Special Court. The Kolkata Police have even registered a case against CBI officials, who were discharging their lawful duties, but completely ignored the violent protestors, party leaders, ministers, MPs and MLAs, violating National Disaster Management Act during lockdown imposition and other Acts and laws," the appeal said. .The four leaders Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee were arrested by the CBI on May 17.A special CBI court had granted them interim bail that evening but it was stayed by the High Court the very same day, the order being pronounced after 10 pm.The stay was granted after the CBI sought a transfer of the case from the Court dealing with the same, while also citing a threat to the probe agency on the ground that TMC leader and West Bengal Chief Minister, Mamata Banerjee and TMC ministers were sat on dharna outside the agency's office at Nizam palace causing obstruction to justice and creating an atmosphere of fear..The CBI had also alleged that the State Law minister along with his supporters had thronged the special court complex which heard the bail plea of the four leaders.The matter was then heard on May 19 at length by the Calcutta High Court. The hearing remained inconclusive and was expected to continue on May 21. However, the judges on the Division Bench, Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee, disagreed on the aspect of grant of interim bail to the four accused..The High Court, therefore, decided to refer the matter to a larger Bench.In the meanwhile, as an interim measure, the Division Bench directed that the four TMC leaders be placed under house arrest, in terms of the order outlined by the Supreme Court in the case of Gautam Navlakha in the Bhima Koregaon matter.This prompted the present appeal before the Supreme Court. .The CBI in its appeal referred to media reports to state that "Sovan Chatterjee tried to create pressure on the doctors of the hospital and has returned to home in the last evening from the hospital.""During the period of house arrest, Shri Sovan Chatterjee has talked to several people and has given interview to media from the window of the hospital, violating the order of the Hon’ble High Court, Calcutta," the plea said. .It was further submitted that the High Court failed to take note of the clear evidence of high state functionaries seeking to impede and obstruct the process of law.A fair and impartial inquiry or trial cannot be conducted in the hostile atmosphere created by TMC part workers and leaders including the Chief Minister of the State of West Bengal, it was alleged.