Recent judgement

Sources: The Hindu ,live law and bar and bench


Jul 23, 2021

The Narada scam case was conducted by telangana news reporter Mathew Samuel for over two year in west bengal. It was a sting operation done by the reporter to hold the people guilty of bribery charges.Four leader including Firhad  hakim ,Subarata mukherjee .MLA Madan Mitra and former kolkata mayor Sovan Chattophadhya was arrested in the Narada bribery case by the central bureau of investigation (CBI).The Narada sting operation was purportedly showing them taking money. As part of the sting operation, Samuel formed a fictitious company named Impex Consultancy Solutions and went to  several TMC ministers, MPs and leaders, asking them for favours in return for money. Samuel was the former managing director of Tehelka Magazine but after two years ,he moved to Narada news and updated this scam online on their website in 2016 in the return four west bengal leaders were arrested. 


The CBI had investigated in the case that it will give the jurisdiction to kolkata high court that  Honourable governor has the authority to grant sanction in terms of law as it happens to be the appointing authority for such ministers in terms of Article 164 of the Constitution,” read the statement issued by the officer on special duty (communication), Raj Bhavan.


What is basically the Narada Case ?


The Narada sting operation was managed by Narada news founder Mathew Samuel for around two years in West Bengal. It was first Conducted in 2014 for the news magazine Tehelka, it was published on an online platform news website Narada News months before the 2016 West Bengal Assembly elections. Samuel is the former managing editor of Tehelka.


As part of the operation, Samuel formed a fictitious company named Impex Consultancy Solutions and met other renowned ministers, MPs and leaders, asking them for favours in return for money.


In the 52-hour footage that has been filmed by Samuel and his colleague Angel Abraham, then TMC MPs Mukul Roy, Sougata Roy, Kakoli Ghosh Dastidar, Prasun Bannerjee, Suvendu Adhikari, Aparupa Poddar and Sultan Ahmad (he died in 2017), and state ministers Madan Mitra, Mr.Subrata Mukherjee and Firhad Hakim and Iqbal Ahmed were seen taking assumed bribes in the form of cash in exchange for giving unofficial favours for Impex Consultancy Solutions, which was a fictitious company by Samuel himself.


IPS HMS Mirza who is now suspended was also seen taking cash from Samuel. TMC leader Shanku Deb Panda was also seen asking for shares in Samuel’s fictitious company in exchange of promised favours.


Latest update – Narada scam case 


The Supreme Court of India  is of the opinion that “At this stage, suggestion was made by this court that the matter could be remanded back to the High Court to be decided afresh. On the basis of the reasons given in the application which is filed by the Petitioners. The  Counsel of the parties have cordially agreed..,” the bench said in its order. 


Which means that the supreme court has directed both the parties todenovo the fresh pleas to be filled by mamata banrjee,Mr Ghatak and the state government on or before june 28.


The supreme court has  also directed that “We request the High Court to first decide the applications of Petitioners herein before proceeding to decide the merits. We may further add that as prejudice is caused to the parties, the order of June 9 stands annulled,” the bench ordered, adding the issue be decided ”de-novo “


A criminal case was also charge against samuel mathew for criminal conspiracy section 120B of IPC, cheating section 420 of IPC , forgery to harm reputation section 469 IPC, defamation section 500 IPC 


The politician MLA’s and Leader were booked under Section 120 B of IPC (criminal conspiracy) , section 13(2) section 13(1D) and section 7 of the prevention of corruption Act.


 A date to date update


On March 18, 2017, the state had directed to initiate disciplinary proceedings against SMH Mirza.


On April 16, 2017, the CBI filed a First Information Report (FIR) against 12 Trinamool leaders for “criminal conspiracy”. The CBI has also summoned all of the leaders involved to assist in the investigation. All of them were booked under Section 120 B of IPC (criminal conspiracy), Section 13 (2), 13 (1D) and Section 7 of Prevention of Corruption Act.


The Calcutta High Court  in 2017 said  in its initial order that to direct a primary investigation to be conducted by the CBI in this case.The Calcutta High Court passed this order after going through a Public Interest Litigation(PIL) seeking a thorough, impartial and independent investigation into the Narada scam case.

On 17 th may 2021 , the CBI wanted the case to be shifted from the session court to Kolkata high court and the police custody of all the accused , the Calcutta high court ordered that a primary investigation will be conducted by the CBI. The court also directed the CBI to register an FIR against those who were involved directly or indirectly in the case, if required. The supreme court of india has further requested the high court decide first the applications seeking acceptance of affidavits on the next scheduled hearing date 29 june. The honourable judges who are looking after this matter are The bench of Justices Vineet Saran and Dinesh Maheshwari. 


Senior advocate Rakesh Diwiedi is appointed for the CM and the Law Ministers, On 27 th may the recall on the stay of bail  application was moved. The argument was that the justice must not only be done but must also be seen to be done.They prayed that the order of the special judge be declared as invalid. State, CM and Law Minister aware of proceedings from Day 1, there could be presumption that they have waived their right to reply; An application explaining why you did not or could not file earlier ought to have been made’- Supreme court. Then the bench passed its order requiring the SLP petitioners to file an application for taking on record their affidavit by Monday, with advance copies The CBI may file its response by Tuesday with advance copies to the petitioners. Further, the court requested the HC, when it is next scheduled to hear the matter on june 29.


Next hearing is schedule on june 29 2021 to hear the matter by the calcutta high court

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