More than 250 advocates have penned a letter to the Chief Justice of Calcutta High Court, claiming that Justice Gangopadhyay made inappropriate remarks and directed insults at the Advocate General in a court session the previous week, while hearing a case concerning a caste certificate scam.
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WEST BENGAL: Over 250 advocates have called for an apology from Justice Abhijit Gangopadhyay of the Calcutta High Court. This request stems from an incident where the Justice allegedly insulted the Advocate General during a court hearing. The situation has escalated to the point where the Supreme Court has now intervened, transferring the underlying case, a caste certificate scam, to itself for further proceedings.
The case at the center of this controversy involves allegations of the issuance of fake caste certificates in West Bengal. Initially, it was brought before Justice Gangopadhyay, who ordered a CBI inquiry. However, this order was quickly stayed on the same day by a division bench comprising Justices Soumen Sen and Uday Kumar. Despite this, Justice Gangopadhyay proceeded to allow the handover of case papers to the CBI that afternoon, noting the absence of any intimation from the State counsel about the division bench’s stay order.
The situation escalated the following day, January 25, when Justice Gangopadhyay passed another order, suggesting that the division bench’s stay order should be disregarded. This order included several diatribes against Justice Sen, accusing him of being an “interested party.” It was during this hearing that the alleged insult to the Advocate General by Justice Gangopadhyay occurred.
Furthermore, Justice Gangopadhyay’s order from January 25 alleged that Justice Sen had summoned another judge of the Calcutta High Court, Justice Amrita Sinha, to his chambers. He reportedly told her that Trinamool Congress leader Abhishek Banerjee’s political future should not be disturbed by judicial orders.
In response, the division bench led by Justice Sen criticized Justice Gangopadhyay’s order on the same day and instructed the CBI to return the case papers to the State. The Supreme Court took notice of this rift a day later and stayed the proceedings before both the single-judge and division bench of the High Court.
On January 29, the apex court announced that it would henceforth be hearing the case. This move by the Supreme Court to take over the case signifies the seriousness of the matter and the need for a higher level of judicial intervention. The incident has not only highlighted the complexities of the legal proceedings but also raised questions about judicial conduct and decorum in the courtroom. The legal fraternity’s call for an apology from Justice Gangopadhyay reflects the growing concern over maintaining the dignity and respect integral to the judicial process. As the Supreme Court takes over the case, it remains to be seen how this intricate legal and ethical dilemma will be resolved.
BACKGROUND
The situation escalated when Justice Gangopadhyay, in a subsequent order, suggested that the division bench’s judgment should be disregarded. He accused Justice Sen of being an “interested party” and alleged that Justice Sen had influenced another judge, Justice Amrita Sinha, regarding the political future of Trinamool Congress leader Abhishek Banerjee. In response, Justice Sen criticized Justice Gangopadhyay’s order and instructed the CBI to return the case papers to the State.
Recognizing the gravity of this judicial rift, the Supreme Court, in a special Saturday hearing led by Chief Justice DY Chandrachud and a five-judge bench, intervened by staying the proceedings before both the single-judge and division bench of the High Court. Additionally, the Supreme Court stayed the order for the CBI probe passed by Justice Gangopadhyay and sought responses from the Calcutta High Court and the West Bengal government.
During the Supreme Court proceedings, Senior Advocate Kapil Sibal, representing the State of West Bengal, expressed concerns about the single judge’s repeated actions, questioning the future course of action. Senior Advocate Dr. Abhishek Manu Singhvi, representing TMC MP Abhishek Banerjee, reminded the bench of a previous Supreme Court order concerning a television interview given by the single judge on a sub judice matter.
Chief Justice Chandrachud urged the lawyers to maintain decorum, emphasizing the importance of not casting aspersions on judges and preserving the dignity of the High Court. He also highlighted the role of the Chief Justice of the High Court in allocating cases, cautioning against overstepping his authority.
The State of West Bengal filed a Special Leave Petition in the Supreme Court challenging the single bench’s order for a CBI investigation. Senior Advocate Maninder Singh, representing a federation of SC/ST students, indicated plans to file a separate petition highlighting alleged irregularities in medical admissions in the State based on false caste certificates.
Solicitor General of India Tushar Mehta criticized the manner in which the Division Bench passed the stay order, noting the absence of a proper appeal memo. The division bench had initially stayed the single bench’s order for a CBI probe, reasoning that such a probe was not requested in the original writ petition and that the State should be allowed to complete its investigation.
In a bold move, Justice Gangopadhyay labeled the division bench’s stay order as illegal and void ab initio, accusing Justice Sen of misconduct and political bias. He asserted that the division bench had no authority to consider the appeal without a server copy of the single-bench order or memo of appeal, thereby challenging the legality of the division bench’s actions.
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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