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New Delhi: The Supreme Court has described as “very unusual” and “not a very happy situation” the allegations that Mamata Banerjee entered the premises of political consultancy firm Indian Political Action Committee while ED was conducting a probe, and obstructed it from carrying out duties on Jan 8. The court said a remedy must be found to prevent such clashes in future. A bench of Justices Prashant Kumar Mishra and N V Anjaria stressed SC had to intervene to decide on what was to be done in such a situation, while expressing apprehension such incidents can happen in other states also. “Because in this case, according to them, the CM barged into the office…if Article 226 and Article 32 (regarding violation of fundamental rights, see inset) are also not maintainable, then who will decide? It is not a very happy situation.
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It is unusual and it did not happen earlier. Someday some other CM may enter into some other office…,” the bench said. The Supreme Court bench said there cannot be a vacuum, and there has to be some remedy for such a situation.The hearing started with a heated exchange of words between the bench and the state govt. A batch of lawyers appearing for the state, the CM and state officials made a concerted effort to get adjournment on the ground that ED’s rejoinder affidavit mentioned new facts which needed to be responded to. But the bench rejected the plea after solicitor general Tushar Mehta said it was a tactic to delay the hearing as the rejoinder was filed four weeks ago.Senior advocates Shyam Divan, Kapil Sibal, Siddharth Luthra and Menaka Guruswamy told the bench that it was not a normal rejoinder as it had several new averments that went beyond the scope of the petition.The bench, however, told them that they cannot dictate how the court should proceed. Divan responded that they were only requesting. When it was pointed out that ED had also sought adjournment, the bench said it is not battle for adjournment, and asked Divan to argue the case. The hearing would resume on March 24.
