A Single Occurrence Would Not Be Enough To Allow The Case To Be Transferred: Calcutta HC

FACTS

• On May 29, a five-judge panel granted interim bail to the four arrested leaders – Firhad Hakim, Madan Mitra, Subrata Mukherjee, and Sovan Chatterjee.
• Later, a plea was filed by CBI to transfer the Narada Scam case from a Special Court to the High Court.

Proceedings of the Court

• The Solicitor General was addressing the Bench on the principles of bias and perception of common man.
• He stated that the presence of protesters was frightening enough to taint the entire atmosphere and leave a common man with the feeling that the justice system was stifled.
• The Solicitor General contended that the question is not whether the Special Judge was affected by the mobocracy, but rather what a fairly informed common man would consider.
• The Bench questioned the Solicitor General on why the CBI did not seek an adjournment from the Special Court. It also expressed concern with the CBI's failure to bring the case diary before the Special Court when a Police Officer went to physically deliver the charge sheet.

Court’s Order

• Justice Soumen Sen told Solicitor General Tushar Mehta, who was representing the CBI, that a single occurrence would not be enough to allow the case to be transferred.
• The Judge stated that there should be a continuous series of circumstances indicating that if the Trial is continued, it will be vitiated.

What are your views on this? Share in the comment section below!