A five-judge bench of the Supreme Court, led by Chief Justice DY Chandrachud, will conduct a special hearing on the matter on 27th Jan 2024
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In unprecedented turn of events, the Supreme Court of India has taken suo motu cognizance of the escalating legal drama at the Calcutta High Court involving Justices Abhijit Gangopadhyay and Soumen Sen. This development follows a contentious order by Justice Gangopadhyay, which openly defied a division bench’s stay on a CBI probe into alleged irregularities in medical college admissions in West Bengal.
Reacting to these developments, a five-judge bench of the Supreme Court, led by Chief Justice DY Chandrachud, will conduct a special hearing on the matter, tomorrow on 27th Jan 2024.
The issue originated from a petition alleging rampant issuance of fake caste certificates in West Bengal, used for securing admissions in medical courses. Justice Gangopadhyay, on Wednesday morning, directed the West Bengal Police to transfer relevant documents to the CBI. However, shortly after this directive, Advocate General Kishore Datta brought the matter before a division bench comprising Justices Soumen Sen and Uday Kumar, resulting in a stay on Justice Gangopadhyay’s order.
Undeterred, Justice Gangopadhyay reconvened the same day, insisting on the transfer of case papers to the CBI, claiming unawareness of the division bench’s stay. The division bench responded the following morning by setting aside Justice Gangopadhyay’s order. Yet, the saga continued as Justice Gangopadhyay, on Thursday, questioned the AG about the rules permitting a division bench to stay a single-judge’s order without a memo of appeal. He recorded the AG’s submission that he was not liable to respond, citing the division bench’s higher authority.
Justice Gangopadhyay, in his order, expressed skepticism about the urgency behind the division bench’s stay, questioning, “What was so urgent? Who is acting as an interested person for one of the political parties in the State?” He proceeded to disregard the division bench’s order, citing it as “illegal” and “void ab initio,” specifically pointing out Justice Sen as an ‘interested party’.
Further, Justice Gangopadhyay accused Justice Sen of political bias, alleging that he influenced Justice Amrita Sinha regarding cases involving AITC MP Abhishek Banerjee. He also raised questions about Justice Sen’s continued role at the Calcutta High Court despite a recommended transfer by the Supreme Court Collegium in 2021.
Reacting to these developments, a five-judge bench of the Supreme Court, led by Chief Justice DY Chandrachud, will conduct a special hearing on the matter. The bench, including Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose, will address the suo motu case titled “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).
This intervention by the Supreme Court marks a critical juncture in the ongoing legal tussle at the Calcutta High Court, highlighting issues of judicial conduct, hierarchy, and the balance of power within the judiciary. The outcome of the Supreme Court’s special sitting is eagerly awaited, as it is expected to provide clarity and direction in this complex and unprecedented legal scenario.