The CBI accused the trio of misconduct and creating obstruction in the investigation. A division bench presided by Acting Chief Justice Rajesh Bindal fixed the matter for hearing on Wednesday.

 

The CBI in their petition prayed for transfer of the case raising concerns about the possibility of carrying out investigation peacefully in the state. Sources in the agency referring to the petition said, "It is a case in which pressure was sought to be put on the officer concerned with the mob and the Chief Minister and the Law Minister and other Ministers directly present there along with the mob. Referring to the provisions of Section 407 Cr.P.C., he submitted that the provision clearly provides for different situations under which trial of the case can be transferred by this Court. In case there is apprehension that fair and impartial trial is not possible".

 

That the CBI would appeal for a transfer of case became obvious on Monday when Solicitor General Tushar Mehta in his submission before the division bench of Acting chief justice Rajesh Bindal said, "The CBI office from where the accused were to be taken to the court was gheraoed by the political supporters of the persons in custody. The crowd was 2,000 to 3,000. Stone pelting was resorted to. Some of the supporters even entered the office of CBI and manhandled the staff present there.

 

"Not only this, the Chief Minister of the State Smt. Mamata Banerjee also came at the spot at 10.50 hours and sat on Dharna there. The matter did not end here. The Law Minister of the state went to the court where the accused were to be presented along with a crowd of 2,000 to 3,000 supporters and remained in court throughout the day. This was the ground reality under which CBI was to function and the Court below was to hear the arguments and pass the order. It is a case in which there is total failure of rule of law. Justice is not only to be done but seen to have been done".

 

Now, Mamata will have to respond either herself or through her leader in the case. The bench will also hear the review petitions by ministers Subrata Mukherjee and Firhad Hakim, TMC MLA Madan Mitra and former Kolkata mayor Sovan Chatterjee for recall of its order staying the bail granted by a CBI court in connection with their arrest in the case, on Monday.

 

In a rare instance, the Calcutta High Court stayed the bail order of the four heavyweight leaders just hours after the lower court granted them bail after they were arrested by the CBI in connection with the Narada case on Monday morning. The four were at Presidency jail till today.