Supreme Court Takes Suo Moto Cognizance Of Order Passed By Single-Bench Of Calcutta HC Which Ignored Division-Bench's Stay On CBI Probe

The Supreme Court has taken suo moto cognizance of an order passed by Justice Abhijit Gangopadhyay of the Calcutta High Court which called illegal, and ignored an order by a division bench, which stayed the single bench's order for a CBI probe into alleged irregularities pertaining to admissions to medical colleges in West Bengal. 

A five-judge bench of the Supreme Court presided over by Chief Justice DY Chandrachud and comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose will hear the suo moto matter in a special sitting tomorrow, Saturday, 27th January.

In ignoring the order passed by a division bench presided over by Justice Soumen Sen, a single bench of Justice Abhijit Gangopadhyay had held:

I have no other option but to ignore the order of the said Division Bench as the order has been passed in continuation of the illegal appeal void ab initio. I have ignored the said illegal order passed by the said Division Bench for the reasons as has been stated above including the ground of 'interested person' Hon'ble Justice Soumen Sen.

In the order passed yesterday, Justice Gangopadhyay had also questioned the 'political bias' of Justice Soumen Sen and raised questions about his alleged pending transfer to the Odisha High Court, as well as his role in allegedly directing another judge, Justice Amrita Sinha to drop all cases in her court pertaining to AITC MP Abhishek Banerjee. Justice Gangopadhyay in his order had also requested CJI Chandrachud to look into the aforesaid issues.

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