The Supreme Court bench of Justices Vineet Saran and Dinesh Maheshwari will hear a plea from West Bengal Chief Minister Mamata Banerjee, challenging the decision of the Calcutta High Court, which had refused to take on record the affidavit of the state government. The hearing will be on June 25, Friday.
Justice Saran said in court today: “Since the matter was listed before us during the course of the day, we will not be able to hear it. By consent of the parties, list for Friday.”
The bench also noted in its order that the High Court of Calcutta may not take up the matter. Since the matter could not be taken up on Tuesday and has been adjourned to June 25, “we hope the HC will not take up the matter on any date prior to the 25th,” Justice Saran added.
Earlier in the day the matter was listed before the bench of Justice Hemant Gupta and Justice Aniruddha Bose, but Justice Bose, who was earlier a judge at the Calcutta High Court, rescued himself from hearing the plea of West Bengal’s Chief Minister and law minister.
In the similar way, Justice Indira Banerjee had also recused herself from hearing the matter pertaining to the post-poll violence.
The Calcutta High Court, in its June 9 order, had noted that, “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.
“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,” said the High Court.
The appeal before the Supreme Court stated that the rights of the state government and the law minister shouldn’t be closed “especially when the CBI had been allowed to file additional affidavits at different stages.”
On the earlier hearing in the matter, Senior Advocate Rakesh Dwivedi, appearing on behalf of the petitioner, submitted the grievance that the affidavit is of utmost importance, because whatever the CBI has alleged, has to be rebutted by the accused persons.
Solicitor General Tushar Mehta asked for a copy of the 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 this, Dwivedi submitted that the affidavit is of utmost importance, because whatever has been said or alleged by the CBI, has to be rebutted by the accused persons and the same has been duly noted by the full bench of the High Court of Calcutta. Thus, an objection was taken in this regard.
Dwivedi further stated: “If this would not be taken on record, the affidavit is essential – the CBI has to find out truth… they themselves don’t know what happened in court. the 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, had said: “Matter will be taken up on Tuesday. In the meantime, we hope the HC will not hear the matter on Monday or Tuesday.”