West Bengal Fake Certificate Issue: SC Stays All Proceedings in Calcutta HC

In a special sitting on Saturday, the Supreme Court intervened in the proceedings before the Calcutta High Court concerning the West Bengal fake certificate matter and issued notices to the state government and other relevant parties.

A five-judge constitution bench of Chief Justice DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose heard the matter today, asserting, “We have taken charge now.”

The apex court has scheduled the matter for further hearing on January 29, 2024.

The Supreme Court, taking suo moto cognizance, stepped in due to the controversy arising from conflicting orders issued by the single-judge bench and division bench of the Calcutta High Court. Notices were issued to the West Bengal Government and the original petitioner in the High Court matter, and the proceedings before the Calcutta High Court in connection with the issue were stayed.

The court also put a hold on the order by single-judge bench Justice Abhijit Gangopadhyay, which had directed a CBI probe into the West Bengal fake certificate matter. The case titled “In Re: Orders of Calcutta High Court dated 24.01.2024 AND 25.01.2024 and Ancillary Issues” stemmed from conflicting orders within the Calcutta High Court.

Justice Abhijit Gangopadhyay, in his order, accused Justice Soumen Sen, who leads the division bench, of acting in favor of a political party in West Bengal. The Supreme Court, in its directive today, stated, “Pending further order, there shall be a stay of all proceedings before the High Court of Calcutta. The implementation of the direction issued by the single judge on 24 January 2024 and 25 January 2024 shall, in consequence, remain stayed.”

The underlying matter originated from a petition in the High Court alleging the rampant issuance of fake caste certificates to facilitate admission to medical courses. Justice Abhijit Gangopadhyay’s order disregarding the division bench’s decision and initiating a CBI probe led to the current legal complexities. The Supreme Court acknowledged the need to reexamine the orders given the apparent political implications.

On January 24, Justice Gangopadhyay instructed the West Bengal Police to hand over relevant documents to the CBI, a decision contested by the subsequent division bench led by Justice Sen and Uday Kumar. The division bench stayed the single judge’s order. Subsequently, Justice Gangopadhyay revisited the matter on January 25, making remarks against Justice Sen, further deepening the legal dispute.