SC Takes Suo-Moto as Calcutta HC Judges Clash Over Fake Caste Certificate Scam

The Supreme Court of India has taken suo motu cognizance of recent happenings the Calcutta High Court. This follows a peculiar order issued by a single-judge, Justice Abhijit Gangopadhyay, who chose to overlook a stay order from a division bench.

Justice Gangopadhyay not only ignored the division bench’s order but also launched a verbal attack on Justice Soumen Sen, the head of the division bench, accusing him of “acting for a political party in the State.”

A five-judge bench, consisting of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose, will convene to hear the suo motu case on Saturday at 10:30 am.

The issue originated from a petition in the Calcutta High Court, alleging widespread issuance of fake caste certificates in the State. The petition claimed that individuals used these certificates to gain admission to medical courses.

On Wednesday morning, Justice Gangopadhyay issued an order instructing the West Bengal Police to hand over case-related documents to the Central Bureau of Investigation (CBI). However, the division bench of Justices Soumen Sen and Uday Kumar promptly stayed this order later the same day.

In an unusual move, Justice Gangopadhyay, in an order on Thursday night, accused Justice Soumen Sen of instructing Justice Amrita Sinha not to pass adverse orders against Trinamool Congress (TMC) leader Abhishek Banerjee. The order claimed that Justice Sen had allegedly dictated specific actions, including discontinuing live-streaming in Justice Amrita Sinha’s court and dismissing two writ petitions involving Mr. Avishek Banerjee.

Justice Gangopadhyay asserted that Justice Sinha reported this to the Chief Justice of the High Court, who purportedly conveyed it to the Chief Justice of India.

Justice Sinha, presiding over petitions related to the ‘School Jobs for Cash Scam,’ in which Banerjee is implicated, has made significant observations during the proceedings. Justice Gangopadhyay accused Justice Sen of working in favor of the ruling TMC, questioning the judge’s continued tenure at Calcutta High Court despite a 2021 recommendation for transfer to the Orissa High Court by the Supreme Court Collegium.

The order concludes with a request to the Chief Justice of India to investigate the matter, highlighting potential interference with the course of justice and the division bench’s issuance of an order without a memorandum of appeal and impugned order.

In the past two days, Justice Gangopadhyay has been in conflict with the division bench led by Justice Sen, which first stayed and then set aside his order directing a CBI probe into an alleged fake caste certificate scam in the State.