SC Stays Calcutta HC’s Order To Interrogate TMC MLA Manik Bhattacharya

The Supreme Court on Thursday stayed an order of the Calcutta High Court that directed CBI to interrogate jailed Trinamool Congress MLA Manik Bhattacharya in connection with alleged irregularities in the teachers’ recruitment case.

A bench comprising Justices AS Bopanna and Sanjay Kumar observed that the high court’s order was passed without Bhattacharya being a party to the proceedings before it.
The apex court clarified that others involved in the case can still be interrogated as directed by the high court.

The bench stated, “In a matter of the present nature, when it is evident that the petitioner is not a party to the said writ proceedings and certain orders have been made to his detriment, in any event, before this Court ultimately decides the said matter no further prejudice shall be caused to the petitioner.

In that view, the orders dated July 25 and July 26, 2023 and further proceedings thereto shall remain stayed. However, in so far as the WPA. No.22203/2022 on the subject matter involved therein, there is no impediment to proceed as against the parties who are arrayed as the petitioners and respondents therein,” the bench said while issuing notice to parties in the case”.

The Supreme Court issued notices to the parties involved in the case and instructed its Secretary-General to communicate the order to the Registrar General of the High Court of Calcutta.

The order will be placed before the concerned judge immediately as the petition was scheduled for a hearing.

The Calcutta High Court permitted the CBI to interrogate Bhattacharya and record the process on video for further consideration.

Bhattacharya’s petition was brought before Chief Justice DY Chandrachud seeking an urgent hearing and was subsequently assigned to a bench comprising Justices AS Bopanna and Sanjay Kumar.

Earlier, the Supreme Court had granted Bhattacharya protection from being arrested by the CBI, which is also investigating the case along with the Enforcement Directorate (ED).

While the ED is tracing the money trail in the alleged scam, the CBI is investigating the alleged irregularities in the recruitment process.

It is alleged that certain individuals who performed poorly in the recruitment examinations were appointed as teachers in exchange for money, while eligible candidates were disregarded.