KOLKATA: The defense counsel of Narada tape case, Sidharth Luthra—who is appearing for Trinamool Congress MLA Madan Mitra— on Tuesday submitted before the five judge bench of Calcutta High Court that arrest memo against the leaders was executed not at the place of arrest, but at CBIs office. "They (CBI) act in breach of Supreme Courts judgment and then come up with a new word mobocracy?," Luthra stated. He read out Mitras affidavit to claim that arrest was made in violation of Covid protocols. "Arrest was made without notice so no occasion to orchestrate protests. People from crowd did not enter CBI office," he stated. He also referred to Mitras unrebutted affidavit to claim that arrest was made without any cause and was contrary to CBI Manual. Luthra emphasised that Special Judge did not mention that May 17 protests caused any obstruction. The defense counsel also argued that the CBI has taken objection to filing of any further pleadings and so, the agency is ousted from responding to May 21 affidavit. The five-judge Bench, comprising Acting Chief Justice Rajesh Bindal, Justice I.P. Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Arijit Banerjee, heard the plea moved by the CBI to transfer the Narada tape case in which two cabinet ministers Firhad Hakim and Subrata Mukherjee along with Trinamool Congress MLA Madan Mitra and former Kolkata Mayor Sovan Chatterjee have been granted interim bail on May 28. Justice Mukerji told Luthra that power of investigating agency to arrest after charge sheet remains theoretically. "Question of validity of arrest may arise collaterally but it is not an issue before us." said Justice Mukherjee. Justice Tandon pointed out that May 17 order is diluted and accused are already out on interim bail .

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