Justice Arindam Sinha of Calcutta HC has remarked that “our conduct was unbecoming of the majesty that the High Court commands and we have been reduced to a mockery”. This remark was made when he heard the transfer plea filed by the CBI in the Narada scam case.
Justice Sinha has addressed a letter to the five Judges Bench that was hearing the recall application filed by four arrested TMC leaders challenging the order of stay on bail passed by a Division Bench on 19th May.
At the start, Justice Sinha stated that a transfer petition has to be listed before a Single Judge Bench and also mentioned that such a petition cannot be treated as a writ petition the way the Division Bench did.
As per the Appellate Side Rules, the letter states that a motion seeking transfer should be listed before a Single Judge, but a Division Bench took up the application. It is further averred that the said communication should not have been treated like a writ just because no substantial question of law was raised.
A reference was also made to the mob factor that the CBI had cited as a ground for bail cancellation.
On 17th May, a Division Bench had stayed the bail that the Special CBI court had granted to four TMC leaders, who the CBI had arrested.
The stay order was passed in a late-night hearing that was held based on a letter that the CBI had sent seeking transfer of the case to Hon’ble High Court. The letter cited mob pressure exerted on the lower Court by the CM and Law Minister after the TMC leaders’ arrest.
Then on 21st May, the case was referred to a larger Bench. However, according to Justice Sinha, the case should have been referred to a third Judge for opinion and should not have been referred to a Constitution Bench.
In this context, Justice Sinha has urged the Hon’ble High Court to get its act together and salvage the situation by convening a full-court amongst other steps to reaffirm the sanctity of the Court.
Today (Friday) the 5 Judges bench has granted interim bail to these four leaders. Read full story here