The Calcutta High Court has reassigned the petitions related to the school jobs for cash scam involving Trinamool Congress leader Abhishek Banerjee to Justice Amrita Sinha.
This decision was made in compliance with the Supreme Court’s order on April 28 to reassign the case from Justice Abhijit Gangopadhyay’s bench, who had given an interview to ABP Ananda against Banerjee. On May 1, the High Court released a notification in response to the Supreme Court’s order.
“The Writ Petitions, all application filed in the writ petitions and any further application/s that may be filed including Review Application/s are assigned to Justice Amrita Sinha,” the notification stated.
A Supreme Court bench consisting of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued an order on April 28 to reassign the case to another judge due to the fact that Justice Gangopadhyay gave an interview to news channel ABP Ananda about Banerjee while he was hearing the case involving the TMC leader.
In its ruling, the Supreme Court stated,
“Having considered the note prepared by Justice Gangopadhyay and also perused the transcript of the interview, the transcript has been authenticated on April 26, 2023 by the interpreting officer on the original side of the High Court, we direct the admin Chief Justice shall reassign the pending proceedings in the case to some other judge of the Calcutta High Court.”
The Supreme Court ruled that the judge assigned to the case is free to hear all related applications. This decision was made in response to Abhishek Banerjee’s petition against the Calcutta High Court’s order, which directed the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to investigate him.
Previously, the Supreme Court had put a hold on the April 13 order, which mandated the central agencies to investigate Banerjee’s alleged involvement in irregularities concerning the recruitment of teaching and non-teaching staff in government schools.
Banerjee claimed in a public meeting on March 29 that the ED and CBI had coerced individuals in their custody to implicate him in the case.
Following his arrest, Kuntal Ghosh, another accused in the case, claimed that investigators were pressuring him to name Banerjee. Ghosh was in ED custody until February 2 and CBI custody from February 20 to February 23.
An appeal was filed against the High Court’s order, alleging that it cast unsubstantiated aspersions on Banerjee and directed the CBI and ED to initiate an investigation against him. The appeal also pointed out that Banerjee was not a party to the writ petition being heard and was not connected to it.
Banerjee further contended that Justice Gangopadhyay, who issued the order, had made disparaging remarks about him in an interview with a news channel in September last year. Additionally, the judge made comments about Supreme Court judges who were hearing appeals against his order in the case.
Justice Gangopadhyay reportedly asked in open court during a hearing, “Supreme Court judges can do whatever they want? Is this a Zamindari?”
Banerjee petitioned the Supreme Court, arguing,
“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.”
After the Supreme Court’s order to reassign the case on April 28, Justice Gangopadhyay directed the Supreme Court Secretary General to produce the interview report and official transcript on the same day. In response, the Supreme Court held an emergency meeting late at night to stay the order.
