Supreme Court Stays Order Of Calcutta HC Directing CBI & ED To Question TMC's Abhishek Banerjee

The Supreme Court on Monday directed a stay on all actions against TMC national general secretary Abhishek Banerjee in pursuance of the directions passed by Justice Abhijit Gangopadhyay of the Calcutta High Court through an order which had directed the CBI and the ED to question Banerjee for the Primary Teachers' Recruitment Scam case. The matter was taken on board after being mentioned by Senior Advocate AM Singhvi by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

The bench, noting the submission of Dr Singhvi (who appeared for Banerjee) that the directions issued by the single judge were wholly extraneous of the relief sought in the petitions and that the petitioner was not even a party to the proceedings, stated–

"List on 24th May April 2023. Till the next date of listing, there shall be a stay of all action against the petitioner in pursuance of the directions contained in the impugned order of the single judge."

The impugned order was passed Justice Abhijit Gangopadhyay in the matter concerning alleged corruption in school recruitments. Through the order, Justice Gangopadhyay had directed for Kuntal Ghosh, a suspended Trinamul leader in custody, and Trinamul national general secretary Abhishek Banerjee to be questioned by the CBI and the ED. The judge passed the order after taking note of a public speech made by Banerjee that the accused in the case were being pressurized by the central agency to name him in the case.

"It is a matter to be enquired and investigated whether Kuntal Ghosh took the cue 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", the High Court had observed.

Dr Singhvi argued that the writ which had been filed before the Calcutta High Court had nothing to do with Banerjee. He also referred to an interview given by Justice Gangopadhyay to ABP News in which some statements were allegedly made by him against Banerjee. Therefore, there is a ground for apprehension of bias, he argued.

Singhvi also argued that the direction in the impugned order which stated that no police station shall lodge any FIR against any complaint made to it in respect of any officer of CBI and ED who are investigating the Educational Recruitment Scam, both of West Bengal Central School Service Commission and the West Bengal Board of Primary Education, without the leave of the High court, could not be accepted. 

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