This case reached the Supreme Court following the rejection of Bhattacharya’s bail plea by both the trial court and the Calcutta High Court.
On Friday, the Supreme Court of India has granted bail to Manik Bhattacharya, the son of TMC MLA Manik Bhattacharya, who was embroiled in a money laundering case. This decision came after a detailed examination of the proceedings at the special CBI court, which led to the apex court’s critical observation of a “total non-application of mind” by the lower court in issuing summons to the accused without a proper summoning order.
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The bench, comprising Justice Bela M. Trivedi and Justice Pankaj Mithal, provided relief to the accused, highlighting the procedural lapses that marred the initial stages of the legal process. The Supreme Court’s intervention not only rectifies these lapses but also opens a pathway for the accused to seek appropriate remedies and reliefs from the trial court, ensuring that all contentions of the Enforcement Directorate (ED) remain open for consideration.
This case reached the Supreme Court following the rejection of Bhattacharya’s bail plea by both the trial court and the Calcutta High Court. The apex court’s decision to grant bail is a significant development, reflecting its commitment to ensuring that legal proceedings adhere to the highest standards of fairness and procedural correctness.
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Interestingly, during the hearings, the Supreme Court made a broader observation on the need for establishing training institutes for advocates, akin to judicial academies for judges in India. The bench pointed out that in other countries, it is a common practice for lawyers to obtain certificates from such training academies before beginning their practice. This observation came in the wake of noticing certain lapses by the lawyers handling Bhattacharya’s case at the trial court stage, underscoring the importance of professional training and competence in the legal profession.
The Supreme Court’s decision and observations in this case not only address the immediate concerns related to the bail of the accused but also touch upon the broader issues of legal education and professional standards within the Indian judicial system. This ruling is poised to have a lasting impact on the way legal proceedings are conducted, emphasizing the need for meticulous application of mind and professional competence at all levels of the judiciary.
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