Contradictory orders by two benches of Calcutta HC: Supreme Court stays proceedings

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Synopsis

"What we propose to do is, to stay further proceedings and issue notice to the State of West Bengal and the complainant before the High Court. We can take up the matter on Monday and see what steps have to be taken", the bench said soon after the hearing commenced today

A five-judge bench of the Supreme Court of India in a special sitting today stayed the proceedings in a case before the Calcutta High Court where two conflicting orders have been passed by a single judge and division bench.

Taking suo motu cognizance of the orders passed by Justice Abhijit Gangopadhyay, a special bench led by CJI Dy Chandrachud was constituted yesterday.

Notably, Justice Gangopadhyay ignored an order passed by a division bench, which had stayed the single bench's order for a CBI probe into a scam alleging irregularities pertaining to admissions to medical colleges in West Bengal.

Top Court's bench also comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose heard the matter today briefly and ordered thus, 

"Issue notice to the original writ petitioner before the High Court and the State of West Bengal. Pending further orders there shall be stay of all proceedings in the writ petitions before the high court. The implementation of the directions issued by the single judge on Jan 24, 25 shall remain stayed."

Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared before Court along with Senior Advocates Kapil Sibal, appearing for the State of West Bengal and Senior Advocate AM Singhvi appeared for the accused TMC leader Abhishek Banerjee.

The matter will now be taken up on Monday, January 29, 2024.

Senior counsel Sibal further told the court that an SLP shall be lodged today by the State of West Bengal against orders of the single judge dated January 24 and 25, 2024.

Case Title: In Re: Orders Of Calcutta High Court dated 24.01.2024 and 25.01.2024 and ancillary issues.