Teacher Recruitment Scam: Calcutta High Court Judge Withdraws From Hearing Abhishek Banerjee's Plea After ED's Objection

Update: Chief Justice TS Sivagnanam re-assigned the matter to bench of Justice Tirthankar Ghosh.

Justice Tirthankar Ghosh of the Calcutta High Court on Monday released a quashing petition moved by AITC MP Abhishek Banerjee in connection with the West Bengal Teachers Recruitment “cash-for-jobs” scam.

The development comes after ED objected to his court hearing the matter. ASG SV Raju cited Supreme Court's direction dated April 28 based on which the matter concerning Recruitment Scam was reassigned to single bench of Justice Amrita Singh. ASG also cited the Assignment Order dated May 1, passed by the High Court Chief Justice.

Though Senior Advocate AM Singhvi appearing for Banerjee opposed this contention for the reason that the matter has come before the regular bench as per roster, the Judge proceeded to order that the records of the case be placed before the the Chief Justice.

During the hearing, Singhvi also contended that such objections were not taken by the ED earlier, when the bail applications of co-accused Manik Bhattachrya and Sujay Krishna Bhadra were moved. He further submitted that the liberty to approach the Court for quashing of proceedings under Section 482 CrPC was granted to Banerjee by the Supreme Court itself.

However, Court said since there is an earlier assignment order in place, the best course of action would be to release the matter for consideration of the Chief Justice, who would determine whether it would be heard by the special bench designated to hear the matter, or by the regular bench which has determination to hear applications under Section 482 of the CrPC.

Notably, Justice Amrita Sinha had earlier directed the CBI and ED to place on record the list of beneficiaries in the teacher recruitment scam, in order to further the investigation on the issue.

Case: Abhishek Banerjee v The Directorate of Enforcement (ED)

Coram: Justice Tirthankar Ghosh

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