The Supreme Court on Monday stayed a Calcutta High Court judgement directing the CBI and the Enforcement Directorate (ED) to investigate Trinamool Congress (TMC) leader Abhishek Banerjee in the school-for-jobs case.
A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and PS Narasimha directed, “List on April 24, 2023. All action against petitioner in connection to the directives passed in the impugned order shall be stayed until the next date of listing.”
Dr. Abhishek Manu Singhvi, a senior advocate, represented Banerjee.
On April 13, the Calcutta High Court had ordered a probe by central agencies into Banerjee’s suspected role in irregularities in the recruitment of teaching and non-teaching employees at government schools.
During a public meeting on March 29, Banerjee said that those in custody were pressured into naming him as a part of the case. Following that, another accused in the case, Kuntal Ghosh, said that detectives were pressuring him to take Banerjee’s name. Ghosh was detained by the ED after his arrest until February 2, and then by the CBI from February 20 to February 23.
In light of these statements, the Bench of Justice Abhijit Gangopadhyay stated in its order, “It is a matter to be enquired and investigated whether Kuntal Ghosh took the queue from the public speech of said Abhishek Banerjee for which both of them can be interrogated both by ED and by CBI and such interrogation should be made soon.”
A Special Leave suit (SLP) was filed, alleging that the High Court cast “unsubstantiated aspersions” on Banerjee and effectively ordered the CBI and ED to launch an inquiry into him despite the fact that he was neither a party nor connected to the writ suit being heard.
“Such an overreaching attempt in the Impugned Order, is not only detrimental to the Petitioner herein, but also unheard of in judicial principles, and on this ground alone, the said Impugned Order deserves to be set aside,” the SLP stated.
It was highlighted that the High Court ruling was passed in response to an application filed by the ED on a Ghosh’s complaint against the ED and CBI officers for allegedly coercing him to name Banerjee in the ongoing probe into malpractices in primary education recruitment.
In his petition, Banerjee also emphasized that Justice Gangopadhyay, who passed the order, had shown his dislike for the TMC leader in an interview given to a news channel last September.
It was also stated that the judge made disparaging statements about Supreme Court justices who were hearing appeals of his order in the case. This follows the Supreme Court’s earlier request for an interim stay of the High Court’s ruling authorising CBI and ED investigations against the accused.
Justice Gangopadhyay reportedly asked in open court during a hearing, “Supreme Court judges can do whatever they want? Does this look like a Zamindari?”
In this context, the SLP stated, “The fact that judicial orders passed by the highest court of the land are not only under scrutiny, but are being criticised in the most cavalier manner by the said Ld. Single Judge, necessitates intervention by this Hon’ble Court to ensure that the majesty of the Institution is maintained and the faith which a common man deposes in it remains strong.”
