Calcutta HC Judge Vs Judge: SC Takes Charge, Stays Proceedings In Bengal Caste Certificate Scam Case

The Supreme Court stepped in to resolve a contentious situation that unfolded within the Calcutta High Court regarding the initiation of a CBI investigation into Bengal Caste Certificate Scam Case.

File Photo of Supreme Court

Source : PTI

In a rare move, the Supreme Court on Saturday stepped in to resolve a contentious situation that unfolded within the Calcutta High Court regarding the initiation of a CBI investigation into alleged irregularities in the issuance of caste certificates for reserved category seats. The apex court, chaired by Chief Justice D Y Chandrachud, constituted a five-judge bench and held a special sitting on a holiday to address the matter, news agency PTI reported.

The dispute arose when Justice Abhijit Gandopadhyay overruled a decision by a division bench, led by Justice Soumen Sen, that had quashed his direction for a CBI probe. Justice Gandopadhyay accused Justice Sen of pandering to the interests of the ruling party in West Bengal, according to PTI.

Taking cognisance of the situation, the Supreme Court stayed all proceedings before the Calcutta High Court and the execution of orders issued by the conflicting benches. The bench, comprising justices Sanjiv Khanna, B R Gavai, Surya Kant, and Aniruddha Bose, issued a notice to the State of West Bengal and the original petitioner before the High Court, scheduling the proceedings for Monday.

"We will stay further proceedings. We are issuing notice to the State of West Bengal and the original petitioner before the HC. We will list the proceeding on Monday again. We will stay all further proceedings in the writ petition and the Letters Patent Appeal and the implementation of the single bench order referring the investigation to CBI," the bench, also comprising justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose, said. 

Senior advocate Kapil Sibal, representing the West Bengal government, informed the court of the state's intent to file an appeal against Justice Gandopadhyay's order for a CBI probe. Solicitor General Tushar Mehta, representing the CBI, argued that the division bench lacked jurisdiction in staying Justice Gandopadhyay's order without the filing of an appeal memo.

"I am more concerned about passing of an order without an appeal memo or any impugned order in place. This court had under Article 141 prohibited the same. I am not here defending either a single judge or division bench order," Mehta said and sought permission for the CBI to file a note on the issue.

"We will take this up on Monday. We have taken charge now," asserted the bench, as quoted by PTI.

Justice Abhijit Gandopadhyay Vs Justice Soumen Sen In Calcutta HC

Justice Gandopadhyay had directed the CBI to investigate alleged irregularities in the admission process for reserved categories in West Bengal, citing a lack of faith in the state police. The division bench, however, imposed an interim stay on his order, leading to a series of confrontations.

Justice Gangopadhyay had on Wednesday directed the CBI to launch an investigation, asserting that he had no faith in the state police. He had passed the order on a plea by MBBS aspirant Itisha Soren who claimed irregularities in the admission process for candidates belonging to the reserved categories.

The West Bengal government approached the division bench on Thursday which imposed an interim stay on the order passed by Justice Gangopadhyay.

A defiant Justice Gandopadhyay took up the matter the same day and asked the Advocate General how a stay order could have been passed without a memo of appeal and the impugned order in place.

"I have no other option but to ignore the order of the said Division Bench as the order has been passed in continuation of the illegal appeal void ab initio. I have ignored the said illegal order passed by the said Division Bench for the reasons as has been stated above including the ground of 'interested person' Hon'ble Justice Soumen Sen...Thus, Justice Sen is acting clearly for some political party in this State and, therefore, the orders passed in the matters involving State, are required to be relooked if the Hon'ble Supreme Court thinks so," Justice Gandopadhyay said, as quoted by PTI.

He further raised concerns about Justice Sen's prolonged stay in the Calcutta High Court despite a transfer recommendation from the Supreme Court Collegium.

"I do not know how a judge, being Justice Soumen Sen, who is under an order of transfer for last more than two years, is acting here as a Judge defying the Supreme Court Collegium's recommendation (dated September 16, 2021) from this court to Odisha High Court. Who are the persons behind him, who are saving him from such transfer whereby the order of the Supreme Court Collegium can be ignored while the other Hon'ble judges have been transferred by the same recommendation?" Justice Gangopadhyay wrote in his order, as per PTI.

Justice Gandopadhyay's Brush With Supreme Court

The history of discord involving Justice Gandopadhyay includes a previous instance when he angered the apex court in April last year as he demanded from the Supreme Court's secretary general documents that were placed before a bench headed by Chief Justice Chandrachud involving a case related to Abhishek Banerjee, a top Trinamool Congress leader, and nephew of Chief Minister Mamata Banerjee.

Justice Gangopadhyay had requested the secretary general of the apex court to furnish him with the translation of a contentious interview regarding the West Bengal teachers' recruitment scam. This interview had been presented before Justices Chandrachud and P S Narasimha. Notably, Lok Sabha MP Abhishek Banerjee is under investigation in connection with the alleged scam.

In response to Justice Gangopadhyay's directive, a bench comprising Justices A S Bopanna and Hima Kohli convened late in the evening and imposed a stay on his order. Subsequently, a bench led by Justice Chandrachud instructed Justice T S Sivagnanam, the acting chief justice of the Calcutta High Court, to reassign the case to another judge.

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