Narada Scam LIVE UPDATES: 3 accused leaders hospitalised; TMC moves Calcutta High Court

Meanwhile, the Supreme Court on Tuesday issued notice to the West Bengal government in connection with a writ petition seeking CBI or SIT probe in the killing of two BJP workers in West Bengal, allegedly by the members of Trinamool Congress on May 2, when the assembly election results were declared. The vacation bench of the Supreme Court, which comprised, Justice Vineet Saran and Justice BR Gawai, while hearing the petition, sent the notice to the State government and scheduled the matter for hearing on Tuesday. Senior Advocate Mahesh Jethmalani, along with advocates Ravi Sharma, Shoumendu Mukherjee, Gunjan Mangla, and Sharad Kumar Singhania are representing petitioners Biswajit Sarkar, brother of deceased BJP member Avijit Sarkar, and the widow of the other deceased, Haran Adhikari.

READ | SC seeks West Bengal govt's response on plea for CBI probe into 2 BJP workers' killings

The Calcutta High Court bench headed by Chief Justice Rajesh Bindal is set to hear a plea filed by TMC seeking a repeal of Monday's order which stayed the bail granted to 3 TMC leaders and one ex-Minister. The hearing will start at 2 pm. Meanwhile, the CBI is set to file a caveat in the Supreme Court as TMC may move the apex court challenging the HC order. 

After TMC MLA Madan Mitra and former Minister Sovan Chatterjee, West Bengal Minister Subrata Mukherjee was also admitted to the SSKM Hospital. Thus, only Firhad Hakim is lodged at Presidency Jail currently. 

Arrested TMC leaders Firhad Hakim, Madan Mitra and Subrata Mukherjee and ex-Minister Sovan Chatterjee will undergo a medical examination. As per sources, Chatterjee and Mitra were admitted to SSKM hospital early on Tuesday morning. After the cancellation of their bail, the aforesaid leaders were sent to the Presidency Jail

Reacting to the cancellation of West Bengal Minister Firhad Hakim's bail in the Narada case, his daughter Shabba Hakim cried foul over the Calcutta High Court's order. Speaking to the media, she raised alarm over the "illegal" detention of Hakim and other leaders for 4 hours after the Special CBI court granted them bail. According to her, this was a sign that the central agency was confident of obtaining a stay on the order.

Though Advocate General Kishore Dutta did appear before the Calcutta HC, she lamented that such an order was passed in the absence of the individual lawyers of the accused. On this occasion, she also expressed fear that President's Rule will be imposed in West Bengal. She contended that the BJP top brass was trying to wrest control of the state by arresting the "most popular" leaders as the saffron party failed to make an impact in the recently concluded Assembly polls. 

Here are HC's key observations in its order staying bail to the 4 West Bengal leaders: 

1. Case registered on instructions of Calcutta HC

"The facts which are not in dispute are that a case under the Prevention of Corruption Act was registered against many accused including some of the Ministers in the present Government in the State of West Bengal, on the directions issued by this Court. In view of various orders passed by the Supreme Court, the investigation and prosecution of cases against M.P.s and M.L.A.s were to be monitored by the Court. It was only thereafter that the matter was expedited." 

2. The competent authority granted sanction of prosecution

The HC also made it clear that Governor Jagdeep Dhankhar was the competent authority to sanction the prosecution of the 4 erstwhile Ministers by invoking his powers under Articles 163 and 164 of the Constitution. This is in clear contrast to WB Speaker Biman Banerjee's claim that the arrests were illegal as the CBI did not seek his permission. The bench noted, "Sanction of prosecution was granted by the Competent Authority and four accused were arrested in the morning today". 

3. Advocate General admitted to the presence of the mob

"It is claimed by Mr. Tushar Mehta, learned Solicitor General of India that she (Mamata Banerjee) was demanding their unconditional release but the fact that she was present there and some supporters were also there, was not denied by learned Advocate General. In addition to that the stand of learned counsel for the C.B.I. is that the Law Minister of the State along with supporters mobbed the Court where the accused were to be presented along with charge sheet. The Law Minister remained in the Court complex throughout the day till the arguments were heard." 

4. "Confidence in the judicial system is more important" 

"Confidence of the people in the justice system will be eroded in case such types of incidents are allowed to happen in the matters where political leaders are arrested and are to be produced in the Court. Public trust and confidence in the judicial system is more important, it being the last resort. They may have a feeling that it is not rule of law which prevails but it is a mob which has an upper hand and especially in a case where it is led by the Chief Minister of the State in the office of CBI and by the Law Minister of the State in the Court Complex. If the parties to a litigation believe in Rule of Law such a system is not followed."

In a sensational development, the bail order of all 4 TMC leaders who were arrested in the Narada scam has been stayed by Calcutta High court. All the arrested accused will have to stay in Judicial Custody of the Central agency till Wednesday, May 19. The bail order, approved by the Bankshal court was later challenged by the CBI in Calcutta High Court. 

A special CBI court in Kolkata granted interim bail to all four TMC leaders accused in the Narada sting operation case. A bench led by Justice Anupam Mukherjee granted interim bail to Madan Mitra, Firhad Hakim, Subrata Mukherjee and former TMC MLA Sovan Chatterjee against a personal bond of Rs. 50000/- each with two sureties of Rs. 25,000 each on condition they must cooperate with the agency on further investigation of the case as and when they are called. 

The TMC leaders will also have to meet the investigating officer once in a fortnight until further order with the satisfaction of the Kolkata sessions court or they would suffer judicial custody till May 31. The top Trinamool leaders were arrested by the CBI on Monday in connection with the Narada scam.

Reacting to the developments on the Narada scam case, senior TMC MP Saugata Roy claimed that the CBI is being used as a caged parrot and the democracy is being throttled by the BJP. He termed it as the Opposition's way of taking revenge for the West Bengal Assemby polls that favoured the ruling party. "I condemn the arrests and hail who challenged the CBI," Roy told Republic TV. 

Strongly opposing the arrest of TMC leaders by the CBI on Monday in the Narada scam, senior Congress leader and former Union Law Minister Ashwani Kumar said the move is a blatant abuse of prosecutorial processes.

Speaking to ANI, Kumar said, "The imprint of partisan politics is writ large in the blatant abuse of prosecutorial processes by the CBI against political adversaries of the ruling BJP. Resort to arbitrary criminal prosecution and custody of the accused by enforcement agencies to deprive citizens of their fundamental liberties is clearly against the first principles of our libertarian constitution. Detention of the accused militates against recent judgments of the Supreme Court that scoff at routine incarceration of political activists."

West Bengal Chief Minister and TMC Supremo Mamata Banerjee left the CBI office in Kolkata at around 5 pm on Monday, ending her 6 hours dharna against the arrest of four TMC netas in the Narada sting operation case. "Court will give the decision," said Banerjee as she left the CBI office. Earlier in the day, Trinamool Congress (TMC) ministers Firhad Hakim, Subrata Mukherjee, MLA Madan Mitra were arrested by the CBI in connection with the Narada scam.

Trinamool MP Kalyan Banerjee has said that the party will move to the too court against CBI over the arrest of four TMC leaders. Banerjee said that the SC made a judgment during COVID-19 that police can't unnecessarily detain, arrest any person. Despite that, CBI and police have arrested (our members), he claimed. 

Attacking the Governor, the TMC Mp said, "The Governor has vindictively done this (permitted the arrests) without consultation of state government. Governor has become a bloodsucker. He is now trying to secure a ticket before the 2024 elections from BJP, that is why he is doing whatever he pleases against TMC. That Governor is whimsical, and a bloodsucker. He should not stay here for even a minute. He is roaming around here like a mad dog," Banerjee said.

In 2016, the chief of Narada news portal Mathew Samuel had contacted the then deputy mayor of Kolkata Municipal Corporation and IPS officer SMH Mirza through local contacts. As per reports, Mirza then established Samuel's contact with several top-ranking Trinamool officials like - Madan Mitra, Mukul Roy, Saugata Roy, Kakoli Ghosh Dastidar, Prasun Bannerjee, Subrata Mukherjee and Iqbal Ahmed to name a few. Ahead of the 2016 West Bengal assembly polls, Samuel had posed as a businessman of Impex Consultancy Solutions floated by Samuel himself to conduct a sting operation.

Samuel while interacting with Mukul Roy and aides of Trinamool's Abhishek Banerjee had reportedly caught them on camera accepting bribes for illicit favours. Mirza was seen accepting Rs 5 lakh in cash from a businessman in one of the footages and has claimed that he was receiving the cash on Roy's instructions.

On March 17, 2017, the Calcutta High Court ordered that a preliminary probe will be conducted by CBI and also directed the agency to register an FIR against others involved in the case if required. On April 17, CBI filed a charge sheet against the 13 leaders and other TMC functionaries. CBI has arrested senior IPS officer SMH Mirza and questioned erstwhile TMC minister Mukul Roy too in connection to the case.

Early on Monday, Trinamool Congress minister Firhad Hakim claimed that he has been arrested by the CBI without prior notice after being called in for questioning in the Narada sting case. Senior TMC MLA Madan Mitra, minister Subrata Mukherjee and ex-TMC leader Sovan Chatterjee too were brought to the CBI office along with Hakim. Recently, West Bengal Governor Jagdeep Dhankar sanctioned the prosecution of TMC leaders Firhad Hakim, Subrata Mukherjee, Madan Mitra and Sovan Chatterjee - erstwhile ministers in the purported Narada sting tapes, by the CBI.

All four above-mentioned TMC leaders were ministers in the Mamata Banerjee cabinet when the tapes were allegedly made in 2014. Hakim, Mukherjee and Mitra have been re-elected as TMC MLAs in the just-concluded assembly elections, while Chatterjee, who left the TMC to join the BJP, has severed links with both the camps. The Governor had invoked his powers under Articles 163 and 164 of the Constitution to consent to the CBI prosecution. The CBI is probing the Narada sting tapes that came to light before the West Bengal Assembly elections in 2016 and sanctioned by the Calcutta High Court in 2017.

After three top Trinamool Congress (TMC) leaders were arrested in the Narada sting case on Monday, party workers have resorted to violence as they tried to breach the CBI office in Kolkata. The party workers were initially protesting the arrest of the senior leaders - Firhad Hakim, Madan Mitra and Subrata Mukherjee. In addition, TMC workers also allegedly threw stones and water bottles at the Central forces personnel present at the CBI office in Nizam Palace. Visuals showed TMC supporters creating a ruckus outside the CBI office. 

West Bengal Assembly Speaker and TMC leader Biman Banerjee hit out and stated that sanctions by the assembly speaker are necessary. In addition, he also stated that the matter was heard in Kolkata High Court and that it had asked if the speaker had sanctioned it. However, he stated that the CBI had no communication with him on the matter. 

"How can they bypass the speaker and communicate directly with the governor? The governor did not bother to check with the speaker. The speaker's position is valid and the governor should not have sanctioned this," said Biman Banerjee. 

"All this is illegal. What we want is rule of law to be adhered to. Is this rule of law? They have violated the rules in spite of being in the administration. Those who are a part of the administration should follow the rules." Banerjee added

As CBI arrested top TMC leaders Madan Mitra, Firhad Hakim, Subrata Mukherjee and former TMC MLA Sovan Chatterjee, in the Narada sting case on Monday, West Bengal CM Mamata Banerjee dared to arrest her as well. Banerjee reached the CBI office in Kolkata and questioned how the Central agency had arrested the netas without the Speaker and state government's permission. Several other top leaders like Kalyan Banerjee, MP Santanu Sen and Ratna Chatterjee arrived at the CBI office, while TMC supporters staged a protest outside the office in Kolkata.

Alarmed at the TMC supporters' violent protest outside CBI office in Kolkata, West Bengal Governor Jagdeep Dhankar on Monday called upon CM Mamata Banerjee to 'follow constitutional norms'. Dhankar lamented that police and administration are in silent mode and that it was time to reflect and contain the explosive situation as TMC supporters resorted to stone-pelting at CRPF officers. The central agency has arrested top TMC leaders Madan Mitra, Firhad Hakim, Subrata Mukherjee and former TMC MLA Sovhan Chhaterjee, in the Narada sting case and will shortly produce them in court virtually.

RC Joshi (Chief Information Officer, CBI), said the agency has arrested 4 TMC leaders of West Bengal in a case related to the Narada sting operation. It was registered in April 2017 on the orders of the Kolkata High Court.

It was alleged that the then public servants were caught on camera receiving illegal gratification from the sting operator. After investigation prosecution sanction was sought. A charge sheet against the five accused whose prosecution sanction has been received is being submitted. Further investigation into the case is continuing.

Minister Firhad Hakim was seen agreeing to accept Rs 5 lacs bribe on the camera. Minster Subrata Mukherjee was seen to have accepted the illegal gratification of 5 lacs. Madan Mitra was also seen accepting illegal gratification of 5 lacs, while Sovan Chatterjee was seen to have accepted a bribe of 4 lacs.

Virtual hearing has begun at Bankshall Court in Kolkata over the arrest of the then ministers of West Bengal Govt, in case related to Narada sting operation. The TMC leaders (ministers) are being virtually produced from Nizam Palace, before the court.