SC annuls HC order refusing to accept replies of Didi, others
NEW DELHI: The SC on Friday annulled the Calcutta high court’s June 9 order refusing to take on record the reply-affidavits of West Bengal, chief minister Mamata Banerjee and state law minister Moloy Ghatak on their role on the day of arrest of four TMC leaders on May 17 by CBI in Narada scam case.
A vacation bench of justices Vineet Saran and Dinesh Maheshwari asked the high court to decide “de-novo” the fresh pleas, to be filed by Banerjee, Ghatak and the state government on or before June 28, before proceeding with the main petition of the CBI seeking transfer of the scam case to the high court itself. “We are of the opinion that the Petitioners (state, CM and law minister) ought to have given an application to take their respective affidavits on record especially when the submissions of the parties were going on and had progressed substantially. “At this stage, suggestion was made by this court that the matter could be remanded back to the high court to be decided afresh. On the basis of the reasons given in the application which is filed by the etitioners. Counsel of the parties have graciously agreed...”
Taking note of the fact that the high court is scheduled to hear the case on June 29, the bench directed the Banerjee and others to file their fresh applications for bringing on record their replies on or before June 28 after serving advance copies to CBI and other necessary parties.
“The CBI and other parties, if they so desire, may file their counter affidavits to the applications (of CM, law minister and the state) by June 29 after serving advance copies of the same by June 28. “We request the High Court to first decide the applications of Petitioners herein before proceeding to decide the merits. We may further add that as prejudice is caused to the parties, the order of June 9 stands annulled,” the bench ordered, adding the issue be decided ‘‘de-novo “.
The CBI has alleged that Banerjee, Ghatak and other TMC leaders had played a key role in stopping it from performing legal duty after arresting four leaders in the case. It claimed that while Banerjee sat on a dharna at the CBI office in Kolkata soon after the arrest of the four accused, Ghatak had been present at the Banshall Court premises during the virtual hearing of the case before the special CBI court on May 17.