Narada case: SC directs Mamata Banerjee, law minister to file fresh pleas at Calcutta HC

The Supreme Court has stayed the Calcutta High court order denying permission to Chief Minister Mamata Banerjee and law minister Moloy Ghatak to file an affidavit on the CBI plea on the transfer of Narada sting operation. The top court has permitted CM Bannerjee and Ghatak to file fresh applications in the Calcutta High court for the acceptance of their counter-affidavits.

New Delhi: The Supreme Court has stayed the Calcutta High court order denying permission to Chief Minister Mamata Banerjee and law minister Moloy Ghatak to file an affidavit on the Central Beaurau of Investigation's plea on the transfer of Narada sting operation. The top court has permitted CM Bannerjee and Ghatak to file fresh applications in the Calcutta High court for the acceptance of their counter-affidavits.

The court has directed them to file it by June 28 and has requested the HC to first make a decision on the application and then proceed with the merits of the case. "We are of the opinion that the petitioners ought to have given an application to take their respective counter-affidavits on record especially when the submissions, arguments by the parties were going on and had progressed substantially, "observed the court. The bench comprising of Justice Vineet Saran and Justice Dinesh Maheshwari was hearing petitions filed by both the Bengal ministers challenging the HC order on June 9.

The state and the Ministers pointed out glaring contradiction in acceptance of affidavits submitted by the CBI and state. They argued today that there was no particular time in which they were directed to file an affidavit and the CBI was allowed to file their affidavit without any application. Senior Advocate Vikas Singh appearing for the state said that no time was granted to them and CBI had filed an affidavit on June 2 bringing a completely new fact without any liberty and yet their affidavit was admitted.

Solicitor General Tushar Mehta appearing for the CBI argued that the petitioners had been part of the proceedings since the beginning, argued throughout and after reaching a conclusion they decided to file an affidavit taking a calculated risk and filling lacuna. Therefore the HC's order was justified. SG also agreed that an application can be filed before the HC to which they can also file counter.

"We direct the petitioners to file an application by Monday, June 28. After serving advanced copies to CBI and other necessary parties on or before June 28, the CBI and other parties if they so desire may file a reply to the counter to the application by June 29 after serving advanced copies to the counsel of the petitioners on May 28," ordered the court. The court disposed of the petitions.