In an unprecedented development in Bengal's cash-for-jobs scam cases, the Supreme Court on Friday directed the Chief Justice of the Calcutta High Court to reassign the matter concerning irregularities in primary teachers' recruitment in Bengal from the Bench of Justice Abhijit Gangopadhyay to another judge.
A Bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed the order in light of the fact that Justice Gangopadhyay had given an interview to a Bengali news channel regarding Trinamul Congress leader Abhishek Banerjee, the litigant, even as the case concerning Banerjee was being heard by the judge in September last year.
The Apex court on Monday had sought a report in the form of an affidavit from the Registrar General of the Calcutta High Court on whether Justice Gangopadhyay was interviewed on the pending case related to the recruitment scam. The Bench had then observed that the judge would have to recuse himself from hearing cases against Abhishek Banerjee if it turns out that he spoke against Banerjee in the said interview.
"Judges have no business granting interviews on matters which are pending," the court had observed.Besides minutely scrutinizing the transcript of the said interview, the Bench also took into consideration an explainer note submitted by Justice Gangopadhyay to the court before passing its order on Friday.
“Having considered the note prepared by Justice Abhijit Gangopadhyay in respect of Annexure P7 and also perused the transcript of the interview, the transcript has been authenticated on April 26, 2023 by the interpreting officer on the original side of the High Court, we direct the Hon'ble admin Chief Justice shall reassign the pending proceedings in the case to some other judge of the Calcutta High Court," the court ordered.
The order was passed in connection with a plea filed by Banerjee against Justice Gangopadhyay’s order passed on 13 April calling for a probe against the former by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) alongside Kuntal Ghosh, a scam accused now in jail, after his out-of-court remarks where Ghosh alleged that he was being pressured by the agencies to name the TMC leader in the case.
Interestingly, the Apex court on Friday removed the interim stay on Justice Gangopadhyay’s order it had imposed on Monday allowing the investigating agencies to now issue summons to Banerjee for questioning in the case concerned.
“I welcome the verdict of the Supreme Court. West Bengal is the only state where the BJP, unable to fight the Trinamul Congress politically, has used the High Court to push the central agencies after us. There are 26 cases where a CBI probe has been ordered by the court in the last 24 months. These probes were ordered by only one or two judges,” Banerjee, currently on a political tour in north Bengal, said.
Asked about the withdrawal of stay order on CBI probe, Banerjee said: “I have appeared in front of agencies before as well. Let them send the notices.”
Opposing Banerjee’s plea Solicitor General of India Tushar Mehta, appearing on behalf of the Centre, submitted on Friday that transferring the case from Justice Gangopadhyay’s court could carry a “wrong message to the society at large” and that such an order would be incorrect on “moral grounds”.
“Whenever an order goes against an individual, the judges are targeted. Before Justice Gangopadhyay, there was another judge. People went with paperweights and slippers. Posters were made. This sends a demoralising message to the judiciary. Please say something which doesn't have a demoralising effect. They go to court rooms, abuse judges. There are videos,” Mehta reportedly submitted in court.
CJI Chandrachud responded: “Let's make it clear. Judges take on very arduous duty. The only reason we're asking for the case to be reassigned is because of the transcript and no other reason. They can't say in the public realm that the judge was biased. You're right, no judges should be browbeaten. As a Chief Justice, if I come across that, we'll take it up on the administrative side.”
Agitating job seekers, who remain squatting on the streets of the city for months on end, expressed disappointment at the day’s developments. “This corruption would not have been exposed had Justice Gangopadhyay not been there. We hope that whichever judge takes up the case from him continues to follow the path shown by his predecessor,” said a job seeking agitator.
Congress leader Adhir Ranjan Chowdhury said: “I have no observations on the legal matters which the top court took into consideration before passing its judgment. But I will say this: Justice Gangopadhyay has already established himself as a crusader against corruption in the hearts and minds of the people of Bengal. He would remain a hero to them no matter what.”
“I have nothing to say against the judgment. But the high judiciary must ensure that the principles of natural justice do not get hampered. The Trinamul will make a big mistake if it thinks it can breathe easy now,” added Samik Bhattacharya, BJP spokesperson.
