KolkataCalcutta High Court Justice Abhijit Gangopadhyay is celebrated by his supporters as a “crusade against corruption” and criticized by his detractors for violating his authority. School Service Recruitment (SSC) Case,
Several leaders of the ruling Trinamool Congress (TMC), including former education minister Partha Chatterjee, has been framed In this high profile case
In the first of a dramatic series of events on Friday, Chief Justice of India (CJI) DY Chandrachud ordered Calcutta High Court’s Acting Chief Justice TS Sivagnanam to reassign the matter – in the appointments of employees run by the West Bengal government Alleged irregularities included. School – From the bench of Justice Gangopadhyay.
The same day, a separate apex court bench also stayed Justice Gangopadhyay’s order asking the SC secretary general to place before the CJI a translation of the transcript of the interview.
The top court’s order came in the wake of a petition filed by Trinamool Congress MP Abhishek Banerjee – chief minister Mamata Banerjee’s nephew – arguing that Justice Gangopadhyay had made statements against him in an interview to Bengali TV news channel last September . ABP Anand, Last week, the apex court also noted The judge had “no business” talking to the media about the case.
Prior to the said interview, Justice Gangopadhyay had ordered a Central Bureau of Investigation (CBI) probe into the alleged illegal appointment of non-teaching and teaching staff by the West Bengal Central School Service Commission (SSC) and the West Bengal Board of Secondary Education. , Then on April 13, he asked the CBI to bring Abhishek under the scanner in the case.
This Monday, Justice Sivagnanam reportedly asked Justice Gangopadhyay to return the files related to the two cases against Abhishek in the SSC case.
While the Trinamool Congress has celebrated the Supreme Court’s actions, the opposition Bharatiya Janata Party (BJP) has called it “unfortunate”.
Coming out of the Calcutta High Court complex late on Friday, Justice Gangopadhyay told media persons that he had seen the Supreme Court order but had no intention of backing down. “I am waiting for legal advice. But I have a feeling that like today all corruption cases will be removed from my bench. I will not quit, I will not run,” he declared.
Meanwhile, legal experts are divided over the turn of events.
Retired SC judge Ashok Ganguly told ThePrint that the judge should not have given an interview on a sub-judice matter. However, he also said that the Supreme Court cannot decide which judge in the High Court will hear a particular case.
“The High Courts are not subordinate to the Supreme Court. There is no such provision under the Constitution where the Supreme Court can direct the High Court to appoint a separate judge. It is only the concerned Chief Justice who can take a decision,” Ganguly said.
Nevertheless, he added that there are “certain unwritten rules” and that Justice Gangopadhyay “should not have given an interview about a matter he himself is hearing”.
A senior judicial officer of the Calcutta High Court said there is nothing wrong if a judge wants to use the transcript of his interview placed before the Supreme Court. “He only wanted a copy,” the judicial officer told ThePrint.
Read also: ED’s charge sheet in Bengal SSC case states, ‘Rs 7-8 lakh was going for the post of teacher.’
‘An honest judge with a backbone’
Known for his tough stand against corruption, Justice Gangopadhyay is often described as a “people’s judge” and has some admirers in West Bengal.
For example, during the Kolkata International Book Fair in January, a large crowd gathered around him while he was browsing a bookstall. Some asked for selfies, others requested handshakes, and one fan even called him “Bhagwan” to expose the alleged corruption of the state’s ruling party.
A graduate of Kolkata’s Hazra Law College, Justice Gangopadhyay was appointed as an additional judge of the Calcutta High Court in 2018. Two years later, he was appointed as a permanent judge.
Kolkata-based advocate Vikas Ranjan Bhattacharya, who is also a CPI(M) Rajya Sabha MP, told ThePrint that Justice Gangopadhyay has always stood against corruption.
“When a person really dislikes corruption, minor matters can be a trigger. Justice Gangopadhyay is an honest judge with a backbone.”
Last year, Justice Gangopadhyay had ordered a CBI probe into the alleged SSC scam, in which government teaching jobs were allegedly being traded for cash. It was the order that led to the arrest of the former education minister and Trinamool leader Partha Chatterjee,
Subsequently, two other MLAs and various office-bearers of the Trinamool Congress were arrested on charges of accepting bribes. Many top officials of the education board are also in jail.
But this is not the first time that Justice Gangopadhyay has come into limelight in this matter.
In March 2022, he wrote to the CJI seeking his intervention after a division bench of the High Court stayed his order seeking a CBI inquiry into the alleged scam. Eventually five judges recused themselves from hearing the case.
Then last August, while hearing the SSC case, he became the first judge of the Calcutta High Court to allow the media to record court proceedings on camera, leading to an uproar by some lawyers, one of whom attacked him in the courtroom. accused of turning one into the other. “Market”.
In September, five months after ordering a CBI probe into the alleged SSC scam, Justice Gangopadhyay gave his controversial interview ABP Anand.
On the same day, a public interest litigation was filed before the Calcutta High Court to stop the broadcast, but the petition was dismissed by the then Chief Justice of the Calcutta High Court, Prakash Srivastava. In doing so he noted that he had “full confidence” that the judges of the court would only make statements taking into account the rules. Bangalore Principles of Judicial Conduct An internationally recognized set of ethical guidelines for the professional conduct of judges.
Meanwhile, Sangeeta Sharma, an aspiring teacher who says she was eligible for a job but was illegally refused, told ThePrint she is grateful to Justice Gangopadhyay.
“If it was not for Justice Gangopadhyay, corrupt politicians would not have been exposed. He helped the poor get the jobs they deserve and weeded out those who cheated and forged answer sheets to get a position illegally. Our fight is not over,” she said.
mixed reactions
Justice Gangopadhyay has not taken any offense in his comments about the Trinamool Congress, and has even reprimanded the CBI on this occasion.
Last November, for example, he said he might advise the Election Commission to revoke the Trinamool’s party status and take back its logo. The observation came after the education secretary informed its court that the West Bengal cabinet has decided to create additional teachers’ posts to “accommodate” illegally appointed teachers.
Then this February, Justice Gangopadhyay reportedly said he would “complain” to Prime Minister Narendra Modi about the pace of the CBI probe. “What has CBI been doing for the last 10 months?” He had asked.
The SC order has invited mixed reactions from political parties in Bengal.
Trinamool Congress MP Abhishek Banerjee said the party “welcomed” the court action.
“Whether it is the Supreme Court, or any other court, we have utmost respect and trust in our judicial system. Since the matter is sub-judice, I would not like to comment on it, though I myself was a petitioner in the matter.
We are confident that people will get timely justice in the coming days. If anyone from Trinamool Congress is found guilty, a thorough investigation should take place and the guilty should be punished accordingly.
However, opposition parties have said that they find the order regrettable. “People will always remember the fight against corruption, which was led by crusader Justice Gangopadhyay. We cannot speak against the Supreme Court of India but this order is very unfortunate.
Congress MP Adhir Ranjan Chowdhury also described Justice Gangopadhyay as a “warrior”.
The leader of the Congress in the Lok Sabha told the media on Friday, “Justice Gangopadhyay has proved himself as a crusader against corruption.” “He has been a blessing to many who were denied jobs to line the pockets (of politicians).”
(Edited by Asawari Singh)