The Supreme Court has put a stay on the order by Calcutta High Court for probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against Trinamool Congress (TMC) leader Abhishek Banerjee, in relation to the school-for-jobs case.
The order was given by the Bench comprising of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Justice PS Narasimha ordered, to list it on April 24, 2023.
As per the order Till the next date of listing there shall be stay on all action against petitioner in relation the directions passed in impugned order.
Senior Advocate Dr Abhishek Manu Singhvi appeared for Banerjee.
On April 13, the Calcutta High Court had ordered a probe by the central agencies into Banerjee’s alleged role in irregularities in recruitment of teaching and non-teaching staff at government schools.
During a public meeting on March 29, Banerjee had alleged persons in custody were pressurized into naming him as part of the case. Subsequently, another accused in the case, Kuntal Ghosh, had also alleged that he was being pressured by investigators to take the name of Banerjee. Ghosh was in ED custody after his arrest till February 2, and was in CBI custody from February 20 to 23.
In light of these statements, the Bench of Justice Abhijit Gangopadhyay had said 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 Petition (SLP) was filed claiming that the High Court cast “unsubstantiated aspersions” on Banerjee and effectively directed the CBI and ED to initiate investigation against him, despite the fact that he was neither a party nor connected to the writ petition 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 pointed out that the High Court order was passed in an application filed by the ED on a complaint by Ghosh against officers of ED and CBI for allegedly coercing him to name Banerjee in the ongoing investigation relating to malpractices in primary education recruitment.
Banerjee in his plea further highlighted that Justice Gangopadhyay, who passed the order, had expressed his dislike for the TMC leader in an interview given to a news channel last September.
It was also claimed that the judge had made remarks against Supreme Court judges who were hearing appeals against his order in the case. This, after the apex court had earlier called for an interim stay on the High Court order for CBI and ED probes against the accused.
During a hearing, Justice Gangopadhyay had reportedly asked in open court,
“Supreme Court judges can do whatever they want? Is this 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 criticism in the most cavalier manner by the said Ld. Single Judge, calls for intervention by this Hon’ble Court so as to ensure that the majesty of the Institution is maintained and the faith which a common man deposes in it stands strong.”