Solicitor General Tushar Mehta said the state does not want that the court should hear the merit of the case.
Central Bureau of Investigation (Photo: SNS)
A counsel cannot dictate terms how a court should hear a matter, observed acting Chief Justice, Rajesh Bindal to state advocate general Kishor Datta.
Acting Chief Justice Rajesh Bindal along with four other judges of the Calcutta High Court was today hearing the plea of Central Bureau of Investigation (CBI) for transferring Narada sting operation case.
Acting Chief Justice made this obsevation when advocate general submitted that Larger bench have no jurisdiction to hear the transffer petition filed by CBI.
It is a Single bench which has the jurisdiction to hear and adjudicate the issue, Datta added.
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In reply to Justice Bindal’s observation, advocate general said that a counsel always has the right to make a prayer before the court,even it is wrong. He also argued that I am arguing rule and procedure fixed by this chartered High Court.
Justice Harish Tandon obseved that issue can be raised and it will considered along with others.
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He further observed what is the difficulty in hearing all issues including maintainabilty and merits.
Justice I P Mukerji observed that the Division Bench agreed to send the issue to a larger Bench and Supreme Court also directed the larger Bench should hear out the case.
Appearing for the petitioners, Kalyan Banerjee argued that we are product of a chartered High Court which may not be upgraded like Supreme Court,but we do know little bit of law.
Solicitor General Tushar Mehta said the state does not want that the court should hear the merit of the case.
The country wants to know and the constitutional court can not throw out the mattet on technical grounds.
Mehta submitted the court should hear him first.
The court will hear the matter tomorrow.
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