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"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 high court had asked Abhishek’s lawyer Advocate Sabyasachi Banerjee.
Supreme Court today refused to interfere with the Calcutta High Court's order passed in the teacher’s recruitment scam case, which allowed CBI and ED to question Trinamool Congress MP Abhishek Banerjee.
"It is a little to late for us to scuttle the investigation..", remarked a bench of CJI DY Chandrachud and Justice PS Narsimha.
Noting that the High Court had "duly applied its mind" regarding the need for investigation, the CJI led bench refused to interfere with the impugned order.
Notably, by way of the impugned order, a single judge bench of Justice Amrita Sinha had also imposed a Rs 25 lakh fine on Banerjee while hearing a challenge to the previous order passed by Justice Gangopadhyay which had allowed CBI and ED to question him.
This part of the High Court's order, imposing a fine was stayed on the last date of hearing. Today, the top court ordered that the same be deleted from the impugned order.
"The ED is treating this as a flowing Ganges..they are thinking they will also jump in.. my IA gives 12 instances of harassment.. Your lordships do much more for ordinary people, just because I am a politician..", Senior Advocate Am Singhvi appearing for Banerjee had told the court today.
Top Court, however, has allowed Banerjee to avail alternate remedies.
The issue concerned 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).
On April 13, Calcutta High Court directed the West Bengal Police not to lodge any FIR against CBI and Enforcement Directorate officers who are investigating the scam.
Fourt days later, on April 17 the Supreme Court stayed the earlier order passed on April 13, 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 top court on April 28 directed the Acting Chief Justice of the Calcutta High Court to reassign the matter concerning the Primary Teachers' Recruitment Scam in West Bengal to another judge. Later on, the matter was reassigned to Justice Amrita Sinha.
Case Title: Abhishek Banerjee vs Soumen Nandy
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