LI Network
Published on: 27 January, 2024 at 12:15 IST
In an unprecedented move, a 5-judge bench of the Supreme Court convened on a special Saturday sitting to address the unusual developments in the Calcutta High Court.
The Supreme Court has intervened by staying all proceedings in a case where a single bench, led by Justice Abhijit Gangopadhyay, went against a stay order issued by a division bench.
The matter revolves around the division bench’s stay order on a CBI probe into alleged irregularities related to admissions in medical colleges in West Bengal.
Justice Gangopadhyay, of the Calcutta High Court, ignored the division bench’s directive, prompting the Supreme Court to step in.
Chief Justice DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose, presided over the suo moto matter during the special sitting on January 27.
The Supreme Court, expressing its concern over the developments in the Calcutta High Court, issued a stay on all proceedings related to the case.
CJI DY Chandrachud stated, “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.”
Senior Advocate Kapil Sibal, representing the State of West Bengal, informed the court that the state is filing a Special Leave Petition against the initial single bench order for a CBI inquiry.
Additionally, Senior Advocate Dr. Abhishek Manu Singhvi, representing TMC MP Abhishek Banerjee, expressed grievances against the single judge order.
Solicitor General of India Tushar Mehta raised objections to the manner in which the division bench passed the stay order, highlighting procedural irregularities. The Supreme Court granted permission for the CBI to file a note in this regard.
The case arose from a division bench’s stay order, issued on Wednesday, which halted the single bench’s order for a CBI probe. Alleged miscommunication led to the single bench, led by Justice Gangopadhyay, ignoring the stay order and directing the immediate initiation of a CBI investigation.
The division bench had ordered an inquiry into the delay in communicating the stay order to the single bench, emphasizing the need for adherence to proper procedures.
Justice Gangopadhyay, in defiance of the division bench’s stay, accused Justice Soumen Sen of misconduct and political bias. He asserted that the division bench’s stay order was illegal and proceeded with the CBI investigation.
The Supreme Court has now intervened to assess the situation and ensure proper legal procedures are followed. The matter will be listed for further proceedings on Monday, with the Supreme Court taking charge of the case.
Case Title: In Re: Orders Of Calcutta High Court dated 24.01.2024 and 25.01.2024 and ancillary issues.