'Stone pelting Gandhian way of protest?': Calcutta HC questions Mamata Banerjee's conduct

The Calcutta High Court on Wednesday raised questions on the conduct of Chief Minister Mamata Banerjee and state law minister Moloy Ghatak when the trial court was hearing the bail application of accused TMC members in the Narada Scam Case.

"Is stone-pelting Gandhian way?..CM's presence at CBI office wasn't required," said a division bench of the high court headed by Acting Chief Justice Rajesh Bindal.

The remarks were made after senior Advocate Abhishek Manu Singhvi informed the court that Mamata Banerjee's protest was democratic (Gandhian way) and that she had gone to the CBI office in support of the accused TMC leaders in her capacity of a MLA and not the Chief Minister.

"They did not go in the capacity of Chief Minister or Law Minister but as MLAs," Singhvi told the court. 

The court responded, "There is a difference in status once you are a minister. You are not a simple MLA."

The observations and remarks came in while the bench was hearing an application filed by the Central Bureau of Investigation seeking transfer of case to the Calcutta High Court alleging that it is under "siege" and "threat"

Solicitor General Tushar Mehta appearing for the premier probe agency informed the court, "The facts are unprecedented in the history of India...No prior incident where such a premier investigation agency was prevented from doing what was asked by the court," Mehta said. 

"I am praying that besides transfer of trial, all proceedings in the bail plea before the lower court on May 17 be declared nullity in the eyes of law," the Solicitor urged the court.

It was well planned and well thought out to not allow a judge to decide the bail: Mehta said. 

"The crowd tried to enter CBI office and gharaoed the office. It was an orchestrated move making it impossible for CBI officers to move out of their office," he submitted further.

"Unruly mob not only indulged in such activities in CBI office at Nizam Palace...It also indulged in stone-pelting and heckled CBI officers," the Solicitor General of India told the two-judge bench also presided over by Justice Arijit Banerjee.

SG Mehta also said that is imminent and evident from the threatening presence of 1000s of miscreants that it was intended to terrorise the investigating agency and prevent it from discharging its functions. 

"The proceedings of May 17 are clearly vitiated. There was unprecedented pressure tactics and hooliganism. The entire effort was to put pressure on the administration of justice.  This is a mockery of justice," the Solicitor General submitted. 

"It was intended to show the court the influence of the accused. 'Look the Chief Minister is sitting in dharna for the accused,' that is the message.. Persons who are powerful, persons who can gather mobs, should not walk away from justice," he said further. 

On the other hand, senior advocate Abhishek Manu Singhvi appearing for the accused persons questioned, "What is the fact which shows that the law minister standing in the court complex influenced the judge? Did he (judge) even know if the minister was there? There were many people. It is natural." 

"It's not natural," the bench responded. Singhvi again argued that the protest by the Chief Minister was peaceful and democratic. 

The court then questioned, "What is the  propriety of CM's dharna for 6 hours at CBI office."

"What is the protest if I don't sit for few hours," Singhvi responded. He further said, "I can show video of minister getting down from the car and asking protestors to maintain calm and make way." 

"You say CM went to CBI office to protest..Gandhian protest..peaceful protest. But is it the way to respond when the matter is considered by the Court? By protesting in streets," the bench questioned. 

Singhvi responded, "It would be a negation of democracy to say that just because the matter is before the court you cannot peacefully protest outside."

The court has now posted the matter for further hearing tomorrow.  

However, the bench refused to grant any interim relief to the accused leaders of the All India Trinamool Congress leaders.