Narada Case: Siddharth Luthra Tells Calcutta HC That Power Is To Be Exercised Rarely As It Reflects On Judge’s Conduct

WHAT IS THE CASE

• Senior Advocate Siddharth Luthra was opposing CBI’s application for the transfer of the ongoing Narada Case.
• He stated that the power to transfer a case under Section 406-409 of the CrPC is not to be exercised liberally.
• This was because it reflected upon the judge’s conduct and the administration of justice.
• The CBI had moved to the HC seeking transfer of the Narada Case from the Special CBI Court to the High Court.
• The 5 judge Bench consisted of Acting Chief Justice Rajesh Bindal, and Justices IP Mukherjee, Harish Tandon, Soumen Sen and Arijit Banerjee.

WHAT WERE THE ARGUMENTS PUT FORTH

• Luthra had been appearing for the four Trinamool Congress leaders who had been arrested.
• He put forth that there were very rare occasions which allowed for the transfer of cases.
• He insisted that judicial orders are to be read without bias.
• Their interpretation cannot be influenced by newspaper reports or third party biases and allegations.

OTHER DEVELOPMENTS

• He stated provisions of the Indian Evidence Act to the effect that there is an assumption that legal and official demonstrations have been routinely performed.
• He also contended that orders are to be read as they are written and not as the CBI wants them to be read.

CBI’S ARGUMENTS

• It argued that it was prevented from bringing the accused before the Magistrate.
• This was because of the situation of mobocracy that ensued in front of its office premises.
• However this was rebutted by Luthra saying that the CrPC permits the accused to be produced via video conferencing as well.
• Moreover, it was said that there was no need to make an arrest as the accused were cooperating enough with the authorities.

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