In a recent development, the Supreme Court of India declined to intervene in the ongoing investigation by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) against Abhishek Banerjee, the national general secretary of the All India Trinamool Congress (AITMC), in relation to the West Bengal school jobs for cash scam case. The apex court upheld the decision of the Calcutta High Court, which had dismissed Banerjee’s plea to recall an order permitting the CBI and ED to interrogate him.
However, the Supreme Court set aside the INR 25 lakh costs imposed on Banerjee by the High Court on May 18, clarifying that this should not be interpreted as a comment on the merits of the High Court judge’s approach. The bench, comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha, noted that the High Court judge had correctly concluded that a directive to halt the investigation could not be issued.
The Supreme Court’s order stated,
“Single judge held that there is no reason to prevent the investigation being carried out by ED considering the ramifications of the matter. It can be seen that single judge has correctly come to the conclusion that such a direction cannot be issued at the present stage. We are therefore not inclined to interfere with the order as it would stifle the investigation at this stage. However we leave it open to the petitioner to pursue remedies including Section 482.”
Senior Advocate Abhishek Manu Singhvi, representing Banerjee, argued that there were errors in the order and expressed concern about the ED’s actions based on an allegation made by a judge in an order, terming such a course as shocking. Additional Solicitor General (ASG) SV Raju stated that INR 350 crores had been found so far in the primary school teacher recruitment scam and emphasized that Banerjee should cooperate when summoned for investigation.
The Supreme Court bench noted that it may not be appropriate to stifle the investigation at this stage and that the ED has independent powers to investigate various facets of the case. It clarified that if Banerjee were to avail of other remedies, the High Court’s observations would not come in his way.
The top court was hearing a plea by Banerjee challenging an order of the Calcutta High Court that had allowed the ED and the CBI to investigate his alleged role in the scam. Justice Abhijit Gangopadhyay of the Calcutta High Court had, on April 13, ordered a CBI and ED probe against Banerjee in the case.
The High Court order was passed on a plea by the ED for protection from action by the State Police against its officers after one of the accused, Kuntal Ghosh, made some allegations against the agency. Ghosh had alleged that the officers were subjecting him to torture and forcing him to implicate Banerjee in the case. The matter was later transferred from Justice Gangopadhyay to Justice Amrita Sinha. Banerjee and Ghosh’s applications to recall the earlier order passed by Justice Gangopadhyay were dismissed by Justice Amrita Sinha on May 18.