Why The Supreme Court Acted Against Calcutta HC Judge In TMC Case
SC reassigned the recruitment scam case to another HC judge after Justice Abhijit Gangopadhyay discussed pending cases on live TV.
Two different benches of the Supreme Court today passed adverse orders against Calcutta High Court judge Abhijit Gangopadhyay over his tussle with the West Bengal government and orders issued in the West Bengal school jobs scam.
Earlier today, the Supreme Court the recruitment scam case was reassigned to another Calcutta High Court judge because of a TV interview with a Bengali news channel where Justice Gangopadhyay discussed pending matters and criticised the Trinamool Congress (TMC) and the state government.
Hours later, Justice Gangopadhyay suo motu passed an order directing Supreme Court’s Secretary-General Sanjeev Kalgaonkar to provide him with the transcripts of the TV interview placed before Chief Justice of India DY Chadnrachud which prompted the matters being transferred from his bench. Kalgaonkar was given time till midnight to comply with the order and the high court judge even said that he would wait in his chambers post-midnight till 12:15 am.
In an extraordinary hearing held late Friday evening, another bench of the Supreme Court which assembled at 8 pm stayed Justice Gangopadhyay’s directions to Kalgaonkar after observing it to be improper and “ought not to have been passed”.
“As rightly pointed out by the learned Solicitor General, the order of the present nature ought not to have been passed in a judicial proceeding, more so, keeping in view of judicial discipline,” the bench said while recording the order.
The Supreme Court’s late evening directions are the latest flashpoint, in this case, following a series of events triggered by Justice Gangopadhyay TV interview and directions to the CBI asking it to probe TMC leader Abhijit Banerjee in West Bengal primary teachers’ recruitment scam.
BOOM recaps the timeline of events that have taken place so far.
Justice Gangopadhyay’s TV interview and his tussle with the state government
It all began with Calcutta HC directing the CBI and ED to probe TMC Leader Abhishek Banerjee in the West Bengal primary teachers’ recruitment scam. But perhaps the malaise had set in much earlier.
Justice Abhijit Gangopadhyay—who became a permanent judge of the Calcutta high court in July 2022—was hearing matters related to the irregularities in the state’s recruitment process. Over the course of the proceedings, the high court judge issued several orders against state government officials and also directed a CBI-ED probe in the recruitment scam.
TMC leader ex-minister Partha Chatterjee was the first of the high-profile arrests in this case.
Movable and immovable property worth more than Rs. 100 crores were linked to Chatterjee as bundles of cash were unearthed on live TV. Arrests of senior officials of the West Bengal Education Department, including Vice-Chancellor Subiresh Bhattacharya, and MLAs Manik Bhattacharya, and Jiban Krishna Saha soon followed.
Amid mounting pressure and criticism against TMC – the ruling party in the state, Justice Gangopadhyay on September 19, 2022, discussed the case in an interview with ABP Ananda, a Bengali news channel. “I am aware that after the interview, there will be controversy, but whatever I am doing is as per The Bangalore Principles of Judicial Conduct, which state that judges have the freedom of expression but that whatever they say has to be under the purview of the law,” the judge had said.
In the interview with ABP Ananda, the judge had also said he would take the “strictest action” against those who pointed fingers at the judiciary. Referring to Abhishek Banerjee—West Bengal CM Mamata Banerjee’s nephew and the de facto number 2 in the party—Justice Gangopadhyay told ABP Ananda, he was also thinking about acting against him over comments made against the judiciary.
Apart from the interview, Justice Gangopadhyay has pulled up TMC and its officials for their alleged role in the recruitment scam. Last year in November, while hearing this matter the high court judge observed he might ask the Election Commission to reconsider TMC as a political outfit and withdraw its symbol. “No one has the right to (mess) with the Constitution,” the judge had said.
Justice Gangopadhyay had also wondered how the state cabinet could decide to create additional teachers post to accommodate “illegal” appointments, Justice Gangopadhyay had wondered how such a call could be taken. The judge said the cabinet would have to announce it was not backing illegal appointments and also withdraw the May 19, 2022 notification for the creation of additional teachers’ appointments.
“…Else, I will take such a decision that is unprecedented in the country… If necessary, I will make the entire state Cabinet a party in the matter and summon each member. If necessary, I will issue a show-cause notice to all of them,” the judge had said in a November 26, 2022 hearing.
CBI Probe ordered against Abhishek Banerjee
Fast forward to April 13, 2023, Justice Gangopadhyay directed the CBI and ED to question TMC leader Abhishek Banerjee for his alleged connection in the recruitment scam. But the catch was, the order was passed in a case that had nothing to do with Banerjee.
Appealing against this high court order, Banerjee, on April 17 told the Supreme Court that the high court directions were “wholly extraneous of the relief sought” in the petitions, he was not even a party.
The Supreme Court then stayed all actions ordered against Banerjee after Senior Advocate Abhishek Manu Singhvi—he was representing the TMC leader—alleged judge bias against TMC and Banerjee while bringing the TV interview to the notice of the Supreme Court.
Judges have no business giving TV interviews about pending cases: Supreme Court
On April 24, Supreme Court took exception to a September 19, 2022 interview Justice Gangopadhyay gave to Bengali news channel ABP Ananda on the recruitment scam.
Chief Justice of India DY Chandrachud said he was clear that Justice Gangopadhyay should not participate in these proceedings any further. “I have no doubt in my mind…I just want to say it judges have no business granting interviews on matters which are pending,” he had orally observed.
CJI Chandrachud clarified that the top court would not interfere in the recruitment scam probe or go into the merits of the case at this stage. “The question is whether a judge who has given an interview and expressed himself about a political personality like this should be allowed to participate in the hearing…or should we ask the [Calcutta HC] Chief Justice to assign the matter to somebody else,” the top judge had said.
Supreme Court had then directed Calcutta High Court Registrar to confirm Justice Gangopadhyay’s TV interview and submit a translation of the same.
TV interview reason for the transfer of case: Supreme Court
To conclude the series of events, the sequence of events today began with Supreme Court relieving Justice Gangopadhyay from hearing all matters pertaining to the recruitment scam case and reassigning the same to another judge of the high court.
“The only reason we're asking for the case to be reassigned is because of the transcript – no other reason. They can't say in the public realm that the judge was biased…” CJI CHandrachud had observed.
The top court also stayed the CBI-ED probe into the recruitment scam for a week. The Supreme Court observed that West Bengal was not notified in this matter and it would be appropriate to give the government an opportunity to present its case.
“In the interest of justice, we are of the view that the State of West Bengal should be heard on the issue of whether the investigation can be initiated by the CBI. The state is permitted to file a review before the High Court within a period of three days. The High Court shall take up the review immediately,” the Supreme Court said.
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