BREAKING| Supreme Court Transfers To Itself Case From Calcutta High Court Where Single Bench Defied Division Bench Stay On CBI Probe

In a special Saturday hearing, the Supreme Court had stayed the proceedings in the writ petition before the single bench and the Letters Patent Appeal before the division bench.

Today, the five-judge bench of the Supreme Court presided over by Chief Justice DY Chandrachud and comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose decided to transfer the matter to the Supreme Court. The matter will be listed after three weeks.

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, submitted that the single judge has been passing similar orders. "The judge continues to take these matters now, in future he will do the same thing. What should be done?," Sibal said adding that the State has filed a compilation of documents showing the public meeting and rallies allegedly attended by the judge.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for TMC MP Abhishek Banerjee, reminded the bench about the order passed by the Supreme Court last year in April after the single judge gave a television interview about a sub judice matter.

CJI Chandrachud however appealed to the lawyers to refrain from making comments casting aspersions on the judge.

"Let's not…after all we are dealing with a HC judge…casting aspersions on either judge would be improper…anything we say here shall not impinge on the dignity of the HC," the CJI said.

"It is the Chief Justice of the high court who is allocating cases. Let us not arrogate his powers," CJI added.

The State has filed a Special Leave Petition in the Supreme Court challenging the single bench's order for CBI investigation. Senior Advocate Maninder Singh, appearing for a federation of SC/ST students, said that they will also be filing a separate petition highlighting the alleged irregularities in medical admissions in the State based on false caste certificates.

At Saturday's hearing, Senior Advocate Kapil Sibal, appearing for the State of WB, had submitted that the State was also filing a Special Leave Petition against the initial single bench order for CBI enquiry. Senior Advocate Dr Abhishek Manu Singhvi, appearing for TMC MP Abhishek Banerjee, said that he is also aggrieved with the single judge order as he is mentioned in all the matters.

Solicitor General of India Tushar Mehta had submitted that the manner in which the Division Bench passed the stay order was objectionable as the appeal was entertained even without a proper appeal memo.

Background

Last week, a division bench of Justices Soumen Sen & Uday Kumar had stayed the single bench's order calling for a CBI probe upon noting that such a probe was not sought in the prayers of the original writ petitioners and that the State may be allowed to complete its own investigation and submit its's progress reports.

In ignoring the order passed by a division bench presided over by Justice Soumen Sen, a single bench of Justice Abhijit Gangopadhyay on Thursday, 25th January, had called the order illegal and void ab initio, while labelling Justice Soumen Sen an interested person in the matter.  

Justice Gangopadhyay also accused Justice Sen of misconduct, and possessing political bias and noted that the division bench had no power to consider the appeal without a server copy of the single-bench order or memo of appeal.

Accordingly, the single bench of Justice Gangopadhyay opined that the division bench's stay order was illegal and did not recognise the same.

Also Read : Justice Abhijit Gangopadhyay: Calcutta High Court Judge With Penchant For Courting Controversies

Case: In Re: Orders Of Calcutta High Court dated 24.01.2024 and 25.01.2024 and ancillary issues.

Case No: SWM(C) No 1/2024

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