The Supreme Court on Friday deferred hearing the plea filed by the West Bengal Government and Minister Moloy Ghatak challenging the order of the Calcutta High Court refusing them to file a reply in the transfer petition filed by the CBI in the Narada case.
After hearing the submissions of Solicitor General Tushar Mehta, Senior Advocate Rakesh Dwivedi and Additional Solicitor General Aman Lekhi, the bench of Justice Hemant Gupta and Justice V. Ramasubramanian posted the matter for further hearing on June 22, Tuesday pertaining to the issue of affidavits on record not been accepted by Calcutta High Court in a transfer plea preferred by CBI.
Separate petitions has been filed by the West Bengal Government and Law Minister Moloy Ghatak challenging the order dated June 9 of the High Court stating that the powers of the State Government and the Law Minister should not be curtailed, especially because the CBI was allowed to file new affidavits at various stages.
The Calcutta High Court, in its June 9 order, noted, “They (CM, law minister and state) have waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response.”
The High Court observed, “It is nothing else but filling the lacunae or supporting the accused. That is why, even the learned Counsels appearing for the accused are also supporting the prayer made by the State for taking these belated affidavits on record.”
Senior Advocate Rakesh Dwivedi, appearing on behalf of the petitioner, submitted the grievance that the affidavit is of utmost importance, because whatever CBI has alleged, has to be rebutted by the accused persons.
Mehta asked for a copy of petition and sought an adjournment to list the matter on Monday since, while submitting that he is not on caveat and came to know about the matter through newspaper. He apprised the Bench that former WB Chief Secretary Alapan Bandopadhyay was to argue in the matter and also addressed the court that, the petitioner were not allowed to file counter affidavit against the interim order.
To which, Dwivedi submitted that the affidavit is of utmost importance because whatever has been said or alleged by CBI, has to be rebutted by accused persons and the same has been duly noted by full bench of High Court of Calcutta. Thus, an objection was taken in this regard.
Dwivedi further stated, “If this would not be taken on record, affidavit is essential – CBI has to find out truth…they themselves don’t know what happened in court. Law minister is yet to address, he went to court…meeting regarding appointment of public prosecutors.
The bench while posting the matter for further hearing on June 22 said, “Matter will be taken up on Tuesday. In the meantime, we hope the HC will not hear the matter on Monday or Tuesday.”