The Supreme Court on Monday transferred all the proceedings in the writ appeal from the Calcutta High Court in alleged scam in West Bengal caste certificate case to itself.


A 5-judge bench of the top court transferred to itself the case from the high court which triggered judicial spat between two high court judges as a single bench of the high court defied a stay order passed by a division bench on CBI investigation into the alleged caste certificate scam.


A judicial spat between Justice Abhijit Gangopadhyaya and Justice Soumen Sen of the Calcutta High Court forced the Supreme Court to take suo motu cognizance of ‘order war' between the two judges on Friday.

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The top court called a special sitting of five judge bench comprising CJI D Y Chandrachud, Justice Sanjeev Khanna, Justice B R Gavai, Justice Surya Kant and Justice Aniruddha Bose on Saturday.


The bench on Saturday ordered stay on all proceedings before Calcutta High Court relating to alleged caste certificate scam and issued notices to the West Bengal government and original petitioner before the high court. 


The top court also issued notice to Central Bureau of Investigation (CBI), to whom Justice Gangopadhyaya had handed over the probe which in turn was stayed by the division bench that eventually led to the judge vs judge row.


Senior Advocate Kapil Sibal, representing the State of West Bengal pointed to the bench that Justice Gangopadhyaya has been passing similar orders and continues to hear the matters and asked what should be done.


Sibal further said that a compilation of documents has been filed by the state showing the public meeting and rallies allegedly attended by Justice Gangopadhyaya.


Senior Advocate Dr Abhishek Manu Singhvi, appearing for TMC MP Abhishek Banerjee, reminded the bench about the April 2023 order passed by the Supreme Court last year Justice Gangopadhyaya gave a television interview.


CJI Chandrachud however asked Singhvi and Sibal to refrain from casting aspersions on a sitting judge.