The Supreme Court will shortly hear an appeal against an order of the Calcutta High Court in the plea by SK Supiyan, election agent of CM Mamta Banerjee in a Murder case.
Sr Adv KapilSibal for Supiyan: he has not been named in the statement and the chargehsheet.
ASG Lekhi: We're in the proceedings of anticipatory bail. There has been no hurry in arrest & seeking arrest of the petitioner.
In the instance case, requirement of the occasion is what is being borne out from the record.
ASG Lekhi: The date is Sept 29- he was called by the CBI to attend & he was requested to attend. There was reason to believe that he had some linkage with the same.
ASG: CBI is not rushing & wanting the appearance. Date of interim protection is Oct 27, 2021. Despite interim protection on being called to appear, petitioner did not appear.
ASG: Please look at the dates: not withstanding interim protection & on service of notice, there was no appearance.
ASG: Political motivation works both ways. Politics can be used to evade the law & apply the law. In this case, politics is being used to evade the law & politics has no role.
So far as these chargesheets are concerned, they are against 12/13 people.
ASG: If the case is legitimate, occasion to proceed exists & in case there is evasion- it will thwart the investigation.
Protection is being sought to evade the process of law which is apparent from the 1st summons that were issued in 2021 itself.
ASG: As far as video taping is concerned, it will not end the investigation but commence it. Very fact that video taping is there requires investigation. There is entitlement to investigate the matter.
ASG: 2nd as far as case of knife is cornered, it's not unusual that its irrelevant.
As far as statements are concerned, the question is not when was the statement recored but what does the statement say.
ASG: Why im referring to this because Sibal talked about the cases in 2007 suggest that its politically motivated & you've dug them out. Where is politics at play? Its at play in the withdrawal.
ASG: Please see that the court records that CBI was asked to investigate.
the incident did take place & were of the kind which is stated- in that sense to says that its politically motivated is not right because the right to investigation flows from the incidents.
ASG: HC just upholds the right.
We are not in court, we're in stage of investigation. When we're in stage of investigation, anything which we find relevant in the course of investigation cannot be considered as irrelevant.
ASG: There is occasion to investigate & obligation to attend & in that case the interdicting would not be warranted.
