In a special sitting convened quickly at 8 p.m. on April 28, the Supreme Court stayed a Calcutta High Court judge’s order to place before him, by midnight, documents based on which the apex court earlier in the day had reassigned a case from him.
A Special Bench of Justices A.S. Bopanna and Hima Kohli agreed with Solicitor General Tushar Mehta, who was asked to assist the court, that Justice Abhijit Gangopadhyay “ought not to have passed the order” keeping in view judicial discipline.
The case in question concerns the sensational and politically sensitive West Bengal school job-for-bribe scam case. The case is under investigation by the CBI and the ED. The role of Trinamool Congress leader Abhishek Banerjee is under probe.
TV interview
Mr. Banerjee had recently moved the Supreme Court against Justice Gangopadhyay giving a TV interview in which the judge allegedly talked about the case pending before him and even the role of Mr. Banerjee. The Supreme Court, on April 24, asked the Calcutta High Court Registrar General to prepare a transcript of the interview and submit before it.
On April 28, the CJI Bench went through the transcript and directed the Calcutta High Court Chief Justice to transfer the case from Justice Gangopadhyay to another judge.
Within hours, Justice Gangopadhyay took suo motu cognisance of the developments in the apex court and passed a judicial order, directing the Secretary-General of the Supreme Court to produce before him, by midnight, the official translation of his TV interview.
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“This is required for the sake of transparency. I will be waiting in my chamber till 12.15 a.m. to get the two sets in original which were placed before the judges of the Supreme Court today [on Friday],” Justice Gangopadhyay had ordered.
The Supreme court directed its Secretary General to forthwith communicate the stay order to the Calcutta High Court Registrar General, who in turn would inform Justice Gangopadhyay.
The Bench said “no further proceedings in the matter is required”.
