On May 8, the bench had reserved the order in the case after hearing the submissions of Advocate General (AG) SN Mookherjee for the State government and also the Deputy Solicitor General Billwadal Bhattacharyya, who represented the CBI.
AG Mookherjee argued that Justice Gangopadhyay had no jurisdiction and determination to pass orders on the given date and thus, the order of the CBI probe does not stand.
“At the relevant time, the judge wasn’t seized with matters concerning municipalities. Thus he had no jurisdiction,” the AG had argued.
He had also argued that if a crime has taken place in the State, it is the question of law and order within the State and thus only the State can probe it.
“The investigation could be transferred to the CBI or even ED, only in rarest of rare instances and the instant case, as per me, isn’t a rarest of rare case. In fact, the concerned department wasn’t available before the court. Due to government holiday, all public offices were shut that day,” Mookherjee had said.
Source: Barandbench
