CBI ACB KOLKATA Vs. SHRI FIRHAD HAKIM

JUDGEMENT

(1.) The Court :

(2.) The case in hand was mentioned today to be taken up urgently by Mr. Y.J. Dastoor, learned Additional Solicitor General of India. He submitted that a letter of request has been sent by the CBI on official e-mail id of the Chief Justice of this Court and the Registrar General pointing out certain glaring facts regarding the manner in which the Chief Minister, Law Minister and other senior Ministers of the Government in the State of West Bengal along with their supporters in thousands were obstructing CBI in discharge of its official duties. A case was registered in terms of the order passed by this Court in WP No. 5243(W) of 2016 under Sections 120B IPC, Sec. 7, 13 (2) r/w 13 (1) (a) and (d) of the P.C. Act 1988 against number of accused. The allegation against them are that they had accepted substantial amount of illegal gratification from Mathew Samuel, a sting operator. Sanction for prosecution was granted by the competent authority and a charge-sheet was prepared to be filed before the jurisdictional court. The accused were arrested today in the morning and were to be produced in the court of CBI Special Judge (I) Kolkata. Immediately after their arrest, as they are political leaders of the party in power in the State, number of followers gheraoed the CBI office in Nizam Palace area and did not allow the CBI officers to move out of their office to enable them to produce the accused in court. The matter did not end here. The Chief Minister of West Bengal-Smt. Mamta Banerjee also arrived at the spot at 10.50 hours and sat on dharna along with the mob. Unconditional release of the accused was sought from the CBI office itself. It was under these circumstances that the matter was mentioned before this Court immediately in the after-noon today seeking a direction to the State to allow the CBI to discharge its function and enable them to produce the accused in court.

(3.) The prayer of Mr. Dastoor was accepted. The matter was directed to be taken up for hearing before the Division Bench today itself by passing the following order: