The CBI has approached the Supreme Court against the order to put three TMC leader and another person in house arrest in the Narada bribery case, saying the Calcutta High Court ignored a disturbing pattern when Chief Minister Mamata Banerjee and others created chaos and vandalism outside the agency's office.
A vacation bench of Justices Vineet Saran and B R Gavai would take up the CBI's petition on Tuesday.
In its plea, the agency claimed the accused involved in economic offence of grave nature are influential members of the society by virtue of being TMC party leaders. Thus, putting them under house arrest is subject to a constant risk of them tampering with the witnesses or the administration of justice in some way or the other.
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"The visit of CM to the CBI office where four accused were was in oblivion of this principle of 'Be you never so high, the law is above you'. It broke all rules and norms and violated the very rule of law under which she took the oath to abide by the Constitution," it said.
The agency also named Chief Minister, Law Minister Moloy Ghatak and MP Kalyan Banerjee as parties in the petition.
The agency said the Kolkata Police have even registered a case against CBI officials, who were discharging their lawful duties, but completely ignored the violent protestors by party leaders, ministers, MPs and MLAs, violating National Disaster Management Act during lockdown imposition and other Acts and laws.
It left no doubt that justice system was sought to be overreached, impinging upon the independence of judiciary, it said.
After the High Court's order, the accused, who were involved in economic offence chose to stay back in the hospital wherein they have been continuously meeting guests and other political workers, it said.
West Bengal Transport Minister Firhad Hakim, Panchayat Minister Subrata Mukherjee, TMC MLA Madan Mitra and former Kolkata mayor Sovan Chatterjee were arrested by the CBI last Monday morning in connection with the Narada sting tape case. The High Court had ordered the CBI probe in 2017.
The CBI has challenged the order of house arrest and reference of the matter to a larger bench.