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The Calcutta High Court on Monday took Trinamool Congress leader Abhishek Banerjee to task. The single-judge bench was not happy with Banerjee’s opposition to an earlier court order that had directed a Central Bureau of Investigation (CBI) probe against him in the school jobs for cash case.

Justice Amrita Sinha asked Abhishek to lay out the exact details of his problem with the probe. Simultaneously, she also reminded him that he is not above any investigation.

"If there is an investigation, why can't you cooperate? What is troubling you? The court has merely ordered a probe, and no one is above an investigation. Let me know what is troubling you? What is the difficulty?" the court asked Abhishek’s lawyer Advocate Sabyasachi Banerjee. "You are not above the law, stop being extra-apprehensive," it added.

A petitioner Soumen Nandy had sought to implement the April 13 order passed by Justice Abhijit Gangopadhyay. Justice Abhijit had directed the CBI and Enforcement Directorate (ED) to investigate Abhishek’s role in the ‘school jobs for cash scam’. On April 13, the Calcutta High Court had directed West Bengal Police not to lodge any FIR against CBI and ED officers investigating the scam.

Advocate Banerjee had requested an audience from the High Court in proceedings. He submitted that the order in question pertains to his client Abhishek Banerjee, therefore he should be awarded an opportunity to be heard.

It could not impress Justice Sinha. She explained the details of the investigation to Advocate Banerjee to point out the logical flaws in his submission. Justice Sinha said that during the course of the investigation, a plethora of names crop up. That does not mean that everyone should be notified prior to the probe. She held that any such person has to simply cooperate with investigative agencies and should not consider themselves above the law. The High Court asked Abhishek Banerjee to stop giving too much importance to himself.

"Stop being extra apprehensive. I see nothing against you at least at this stage. Only a probe is ordered against a speech. Let them proceed. You have no right to be heard at this stage," said the Calcutta High Court.

The single-judge Bench also looked into the revision application filed by the West Bengal government against the orders transferring the case to CBI and ED.

Advocate General (AG) SN Mookerjee submitted that the CBI probe is not tenable in this case. His reasoning is that Justice Abhijit Gangopadhyay could not pass orders on the given date and time. "At the relevant time, the judge wasn't seized with matters concerning municipalities. Thus he had no jurisdiction," submitted the AG.

AG also said that the said scam took place within the state borders. According to him, that means that it is a threat to law and order within the state and therefore only the state government can probe it.

AG further argued that investigations are transferred to agencies like CBI and ED only in rarest of the rare cases. "The investigation could be transferred to the CBI or even ED, only in the rarest of rare instances and the instant case, as per me, isn't a rarest of rare cases. In fact, the concerned department wasn't available before the court. Due to government holiday, all public offices were shut that day," said AG Mookerjee.

The High Court has reserved its order on the revision petition.

Meanwhile, CBI counsel informed the Calcutta High Court that an officer of the Special Investigation Team (SIT) is taking voluntary retirement. The court was informed that SP Dharamvir Singh will soon be replaced by another officer.

Case name-State of West Bengal vs Soumen Nandy