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The Special Leave Petition filed by the Trinamool Congress Leader had cast aspersions on Justice Gangopadhyay of Calcutta High Court, who has been hearing the cases concerning the West Bengal Central School Service Commission (WBSSC) scam by claiming that he had expressed his dislike for the TMC leader Abhishek Banerjee in a TV interview and had even made statements against the Supreme Court judges
The Supreme Court on Friday directed the Acting Chief Justice of the Calcutta High Court to assign TMC leader Abhishek Banerjee's ongoing case concerning alleged bribes for jobs scam in primary school teachers' state service commission recruitment, to another bench of which Justice Abhijit Gangopadhyay is not a part.
A bench of CJI DY Chandrachud and Justice PS Narasimha was hearing a challenge by Abhishek Banerjee against a High Court order which ordered a CBI probe against the leader, who is also the nephew of CM of state Mamata Banerjee & is her close aide. The issues in the case concern alleged irregularities in the appointment of 'Group-D' staff in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal Central School Service Commission (WBSSC).
The CJI said that he had done so because he had perused the official transcript of the interview given by the judge to a media channel and that he considered it appropriate that another judge now handle the case. On Monday this week, the CJI had also orally stated that judges have no right to give TV interviews on pending matters.
Solicitor General Tushar Mehta at this juncture, told court that this would embolden those who browbeat judges for their own agendas and sought the courts assistance to make sure the judiciary can function without problems.
"I have something to say - There is a pattern. Whenever an order goes against a person or dispensation. Before Justice Gangopadhyay, there was another judge, where his room was locked. Fiasco was created. This sends a demoralising message to the judiciary. Let them remain emboldended," the law officer said to court.
“Judges take up very important duties. We are doing this because of the transcript of the interview given by Justice Gangopadhyay. We have said what we had to say. The transcript requires that the same is transferred to another judge," replied the CJI.
Last week, Supreme Court had stayed the Calcutta high court order directing the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to question Trinamool Congress general secretary Abhishek Banerjee in the ongoing probe concerning the infamous "bribes for jobs" scam. The bench had also proceeded to stay the Calcutta high court's April 13 order directing the West Bengal Police not to lodge any FIR against CBI and Enforcement Directorate officers who are investigating the scam.
A Special Leave Petition (SLP) was filed by Banerjee stating that the high court order was unsubstantiated and was an "overreaching attempt", effectively directing the CBI and ED to initiate investigation against him, even though he was nowhere mentioned or connected with the scam.
Noteworthily, Justice Abhijit Gangopadhyay of the Calcutta High Court had sought the Chief Justice of India’s intervention in response to the decisions of the High Court's division bench staying some of his orders last year. Justice Gangopadhyay had previously directed the CBI to investigate alleged irregularities in the recruitment of teachers and non-teaching staff in West Bengal government schools, however, the order was stayed by the High Court’s division bench.
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