Division bench can’t hear Narada case: Bengal to Calcutta HC

The West Bengal authorities on Monday instructed the five-judge bench of the Calcutta Excessive Courtroom that the CBI’s software for switch of the Narada sting tape case from a decrease court docket to the Excessive Courtroom shouldn’t be heard by a division bench because it doesn’t have jurisdiction as per the appellate guidelines or letters patent. As an alternative, it must be heard by a single-bench choose, the federal government mentioned.

Representing the West Bengal authorities, Advocate Common Kishore Dutta instructed the five-judge bench of the Excessive Courtroom: “This matter (CBI’s plea for switch of case) shouldn’t have been heard by a Division Bench of the Excessive Courtroom. It doesn’t have jurisdiction as per appellate guidelines or letters patent to hear this matter.”

Seconding him, senior advocate Kalyan Bandyopadhyay mentioned, “The nation additionally desires to know whether or not the principles of the court docket might be allotted with.”

A division bench of the Excessive Courtroom had referred the matter to a bigger bench of 5 judges following variations between Performing Chief Justice Rajesh Bindal and Justice Arijit Banerjee over granting interim bail to two West Bengal ministers, an MLA and a former mayor of the town, arrested by CBI within the Narada sting case.

The CBI has sought switch of the case alleging extraordinary circumstances. West Bengal Chief Minister Mamata Banerjee sat on a dharna within the CBI workplace after the arrests and the company was not ready to produce TMC ministers Subrata Mukherjee and Firhad Hakim, MLA Madan Mitra and former Kolkata mayor Sovan Chatterjee in court docket bodily owing to protests outdoors its workplace complicated.

Representing the CBI, Solicitor Common Tushar Mehta mentioned “a constitutional court docket can not throw away the matter on technical grounds”.

Performing Chief Justice Rajesh Bindal mentioned that the advocate normal can not dictate phrases on how the court docket ought to hear a matter. The court docket was adjourned until Tuesday.

The five-judge bench includes Performing Chief Justice Rajesh Bindal and Justices I P Mukherji, Harish Tandon, Soumen Sen and Arijit Banerjee.

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