New Delhi: In a special hearing held Saturday, a five-judge bench stayed all proceedings related to fake caste certificates being issued in West Bengal to secure MBBS seats.
The case witnessed an unprecedented tussle between two benches of the Calcutta High Court in which a single-judge bench of Justice Abhijit Gangopadhyay accused a senior judge heading a division bench of favouring the ruling Trinamool Congress (TMC) in the eastern state.
Justice Gangopadhyay noted his resentment against Justice Soumen Sen in an official order which he issued following the latter stayed a CBI probe into the alleged scam.
As the row came under public gaze, the Supreme Court took cognizance of it and decided Friday to hold a special hearing. Led by Chief Justice of India (CJI) D.Y. Chandrachud, the bench restrained both the benches from hearing the case. It refrained from making any comments on the merits of the case and said the matter would be heard again Monday.
Meanwhile, it said, the CBI would also not take any action. Reports suggest that CBI has already registered a case in the matter.
The court issued notices to the West Bengal government as well as the CBI and the petitioner on whose writ petition Justice Gangopadhyay had directed a CBI probe in the fake certificate case. “We know she may not appear, but let us issue notice,” the court said.
It allowed the central government to file its written submissions after Solicitor General Tushar Mehta complained about the procedure followed by the division bench of the HC.
According to Mehta, the Justice Sen-led bench stayed the CBI probe in the absence of a proper appeal filed by the West Bengal government.
“I am not favouring any order, neither the one by the single judge or the division bench. My only concern is the procedure followed and my submissions would be on that,” he told the bench.
The SC also permitted TMC leader Abhishek Banerjee to file his petition against Justice Gangopadhyay’s order in which he has specifically named the politician.
Banerjee’s counsel and senior advocate A.M, Singhvi expressed reservations over this, saying it is the second time that the particular judge mentioned his client in his judicial orders, without the TMC leader even being a party to the case.
On senior advocate Kapil Sibal’s submission, the bench also allowed the West Bengal government to file its appeal against Justice Gangopadhyay’s two orders — one that directed a CBI probe into the alleged scam and the other criticising Justjce Sen following the stay order on the CBI probe issued by his bench.
“We do not want to say anything for now. Let’s hear the matter on Monday,” said the bench, when Attorney General R. Venkataramani attempted to argue against the stay order of Justice Sen’s bench.
The fake certificate scam case is based on a writ petition filed before the Calcutta High Court in September last year by the petitioner Ishita Soren, who claimed students who didn’t belong to the Scheduled Tribes (ST) category were availing of reservation to gain admission in the state government’s medical colleges.
While Justice Gangopadhyay ordered a CBI probe into the matter Wednesday, the division bench issued a stay later the same day, after the advocate general, representing the West Bengal government, mentioned the matter before the bench.
A day later, on 25 January, Justice Gangopadhyay held the division bench’s order illegal and recorded against Justice Sen’s misconduct and acting “for some political party in the state.”
He also requested the CJI to look into the matter.
Justice Gangopadhyay sought to quote what he said were remarks made by Justice Sen to Justice Amrita Sinha, who is hearing some matters involving TMC general secretary Abhishek Banerjee, the nephew of Chief Minister Mamata Banerjee.
“Now I have to do something which is though unusual but unless I do this I think I will fail in my duty to hold the sanctity of judiciary in general and this court in particular,” he said in his order, a copy of which has been accessed by ThePrint.
The order narrated a conversation purported to have taken place between Justice Sen and Justice Sinha. Justice Gangopadhyay’s order quoted the telephonic conversation he had with Justice Sinha, and wrote that Justice Sen told his colleague the following:
“i) Mr Abhishek Banerjee has a political future; he should not be disturbed. ii) Live-streaming shall be stopped in Justice Amrita Sinha’s court. iii) The two writ petitions before Justice Amrita Sinha, where the name of Mr Abhishek Banerjee is involved, are to be dismissed.”
(Edited by Tony Rai)
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