Supreme Court Stays Calcutta HC Proceedings In The Case Where Single Bench Defied Division Bench Stay On CBI Probe

In a special Saturday sitting, a 5-judge bench of the Supreme Court, after taking suo motu cognizance of unusual developments in the Calcutta High Court, stayed all the proceedings before the High Court in the case where a single bench defied a stay order passed by a division bench.

The Court took suo moto cognizance of an order passed by Justice Abhijit Gangopadhyay of the Calcutta High Court which called 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 heard the suo moto matter in a special sitting today, Saturday, 27th January.

"We will stay further proceedings. We are issuing notice to the State of West Bengal and the original petitioner before the HC. We will list the proceeding on Monday again. We will stay all further proceedings in the writ petition and the Letters Patent Appeal and the implementation of the single bench order referring the investigation to CBI," CJI DY Chandrachud said as soon as the matter was taken.

Senior Advocate Kapil Sibal, appearing for the State of WB, said that the State is also filing a Special Leave Petition against the initial single bench order for CBI enquiry. Senior Advocate Dr Abhishek Manu Singhvi, appearing for TMC MP Abhishek Banerjee, said that he is also aggrieved with the single judge order as he is mentioned in all the matters.

Solicitor General of India Tushar Mehta said that the manner in which the Division Bench passed the stay order was objectionable as the appeal was entertained even without a proper appeal memo.

"I am more concerned about passing an order without an appeal memo or any impugned order in place. This court had under Article 141 has prohibited the same. I am not here defending either single judge or division bench order," SG said. The SG sought permission for the CBI to file a note in this regard, which the bench granted.

After dictating the order to stay the HC proceedings and the direction for CBI investigation, CJI said, "We will take this up on Monday, We have taken charge now."

On Wednesday, a division bench of Justices Soumen Sen & Uday Kumar had stayed the single bench's order calling for a CBI probe upon noting that such a probe was not sought in the prayers of the original writ petitioners and that the State may be allowed to complete its own investigation and submit its's progress reports.

Due to alleged miscommunication, the order was not communicated to Justice Gangopadhyay by the State on the same date.

Notably, the division bench had asked the High Court Registrar General to submit a report explaining why the division bench's stay order had not been communicated to the single bench in time.

In ignoring the order passed by a division bench presided over by Justice Soumen Sen, a single bench of Justice Abhijit Gangopadhyay on Thursday, 27th January, 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.

Remarkably, Justice Gangopadhyay had accused Justice Sen of misconduct, and possessing political bias due to his orders staying the CBI probe.

It was noted that the division bench had no power to consider the appeal without a server copy of the single-bench order or memo of appeal.

Accordingly, the single bench of Justice Gangopadhyay opined that the division bench's stay order was illegal and did not recognise the same.

It further directed the CBI to immediately begin its investigation in line with the single-bench order.

Also Read : Justice Abhijit Gangopadhyay: Calcutta High Court Judge With Penchant For Courting Controversies

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

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