Justice Gangopadhyay, presiding over the case, made a significant announcement on Thursday. He stated, “The investigation should be completed within the next two months.“
In a recent development that has stirred the legal community, the Central Bureau of Investigation (CBI) has been directed to continue its investigation into a high-profile medical admission corruption case. This directive comes amidst a complex judicial scenario involving multiple orders and stays from different benches of the Calcutta High Court.
Also read- Justice Gangopadhyay Accuses Of Political Bias In Calcutta High Court (lawchakra.in)
Justice Abhijit Gangopadhyay, presiding over the case, made a significant announcement on Thursday. He stated, “The investigation should be completed within the next two months.” This directive holds considerable weight, especially considering the backdrop of the division bench of the Calcutta High Court staying an earlier order by Justice Gangopadhyay himself. Delving deeper into the judicial intricacies, Justice Gangopadhyay questioned the basis of the division bench’s stay, asking,
“How did the division bench order the suspension without the memorandum appeal or the copy of the single bench order? Are there any precedents or rules of this High Court? Can you show something like that?”
The State Advocate General (AG) responded, asserting that the division bench possesses special powers that allow such actions, even in the absence of specific rules. However, Justice Gangopadhyay remained unconvinced, pressing further,
“But how did the Division Bench judge an order without proper application? What can it be if there are no rules? Show me an example, where this has happened.“
In a bold move, Justice Gangopadhyay also raised serious allegations against Justice Soumen Sen, stating, “Justice Soumen Sen is clearly working for a political party.” He questioned the impartiality of Justice Sen, suggesting political motives influenced his decisions. “The order given by Justice Sen to dismiss the FIR was given with political motives, so it is not valid,” he declared, calling for a deeper investigation into Justice Sen’s conduct and even suggesting the possibility of impeachment.
The saga began when Justice Gangopadhyay initially ordered a CBI probe into the corruption case. The division bench first stayed this order and later dismissed the CBI’s FIR based on Justice Gangopadhyay’s orders. Despite these setbacks, Justice Gangopadhyay remained steadfast in his pursuit of justice, instructing the CBI to proceed with the investigation and file an FIR in the Alipore court. This order was met with skepticism by some lawyers present, who believed it had been ‘nullified’.
The case took another turn when, within an hour of Justice Gangopadhyay’s order, the state escalated the matter to the division bench, which issued an oral stay. However, Justice Gangopadhyay insisted on written proof of the suspension before accepting it. Subsequently, the division bench, comprising Justice Soumen Sen and Justice Uday Kumar, declared the CBI’s FIR null and void, demanding the return of all documents taken from the court.
This complex legal battle highlights the intricate dynamics within the judiciary and raises questions about the balance of power between single and division benches. The case, now under the CBI’s investigation as per Justice Gangopadhyay’s directive, continues to unfold, with the High Court’s decision eagerly awaited by all parties involved.
[Read Order] – WPA 22150/2023