[Narada case] “No court in India can give an order canceling bail without notice to the accused:” Abhishek Manu Singhvi to Calcutta High Court

No court in India can pass an order cancelling bail without first hearing the accused, Senior Advocate AM Singhvi argued today before the Calcutta High Court, which is hearing the case concerning the arrest of four TMC leaders in the Narada sting case.
In particular, Senior Advocate Singhvi has argued on the unusual manner in which the interim bail granted by a lower court to Firhad Hakim, Subrata Mukherjee, Madan Mitra, and Sovan Chatterjee was stayed by the High Court without a formal application or hearing the accused.
The hearing is progressing before a Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee,
“I agree it is unprecedented. What CBI has done has never happened before”, Singhvi went on to argue, responding to Mehta’s submission that the case involves unprecedented facts.
Singhvi has further argued,
“The test of liberty is on. Every argument my learned friend made is to keep then in jail for 1, 2 or 3 days .. And an impression is given there is breakdown of law and order because ministers came in support of arrested persons and after arguing at length before trial court.”
Referring to Solicitor General Tushar Mehta’s concerns as regards the possibility of intimidating witnesses, Singhvi has also contended,
“From 2014-21 there is no intimidation of witnesses. In 2021 they rush to Governor despite Constitution bench judgments of Supreme Court … Will anybody suggest that two accused who are ministers are flight risk? Also which possible evidence which of they wanted, they could have destroyed since 2011 will be destroyed now. It is common sense.”

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