The Supreme Court on Friday directed the Chief Justice of Calcutta High Court to transfer the proceedings pending before Justice Abhijit Gangopadhyay against Trinamool Congress leader Abhishek Banerjee in relation to the school-for-jobs case, to another judge.
The order was passed by the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha, taking strong objection to the interview given by sitting Calcutta High Court judge Justice Abhijit Gangopadhyay to news channel ABP Ananda regarding a case related to Trinamool Congress leader Abhishek Banerjee being heard by him.
The Apex Court said that it has taken into consideration the note prepared by Justice Gangopadhyay in respect of Annexure P7 and also perused the transcript of the interview, which was authenticated on April 26, 2023 by the interpreting officer on the original side of the High Court.
The Bench granted liberty to the new judge, who would be assigned the case by the High Court, to take up all applications moved in this regard.
Banerjee had challenged the High Court order of April 13, which directed a probe against him by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).
Earlier on April 24, the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha had come down heavily on Justice Gangopadhyay for giving an interview to a media channel regarding a sub-judice case.
The Bench had observed that judges did not have any business of giving television interviews to news channels on pending matters and if they were doing so, they should not hear the case discussed.
The Apex Court directed the Registrar of the Calcutta High Court to personally verify from Justice Ganguly whether he had been interviewed by Suman Dey (Vice-President of ABP Ananda) and accordingly file an affidavit before this court by April 28.
It added that if Justice Gangopadhyay had participated in the interview, he could not hear the school-for-jobs case and the Chief Justice should constitute a different Bench to take up the matter.
It said a judge who gave an opinion on the petitioner during a tv debate should not hear the matter. This was a case involving a political personality and the way the judge handled this matter, could not be the way, noted the Bench.
The top court of the country passed the orders on a petition filed by Banerjee against the High Court order directing a probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against AITC leader Abhishek Banerjee for his alleged involvement in the scam related to the recruitment of teaching and non-teaching staff at government schools.
Banerjee placed a transcript of the judge’s interview before the Apex Court.
Earlier on April 17, the Supreme Court had stayed the Calcutta High Court order against Banerjee, who alleged during a public meeting on March 29 that persons in ED and CBI custody were pressurised into naming him as part of the case.