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Judge vs judge matter: Supreme Court transfers to itself case from Calcutta HC
The Supreme Court directed all concerned parties to complete their arguments in the meantime.
The Supreme Court on Monday transferred a case related to fake certificate in West Bengal from Calcutta High Court to itself, news agency ANI reported. The five-judge bench headed by Chief Justice DY Chandrachud also directed all concerned parties to complete their arguments in the meantime.
Last week, the apex court stayed all proceedings before the two benches in the high court that saw a rare conflict between a single judge and a division bench over a CBI probe into an alleged fake caste certificate scam. It also issued notice to the state and to the original petitioner before the high court, and stayed the implementation of the direction issued by the single judge Justice Abhijit Gangopadhyay directing the CBI probe in connection the case.
The bench comprising CJI DY Chandrachud and justices Sanjiv Khanna, BR Gavai, Surya Kant and Aniruddha Bose decided to transfer the matter to the Supreme Court and listed the case after three weeks.
According to Live Law, advocate Kapil Sibal, appearing for West Bengal, submitted the report claiming that the single judge has been passing similar orders. "The judge continues to take these matters now, in future he will do the same thing. What should be done?," Sibal said.
CJI Chandrachud however appealed to the lawyers to refrain from making comments casting aspersions on the judge. "Let's not…after all we are dealing with a HC judge…casting aspersions on either judge would be improper…anything we say here shall not impinge on the dignity of the HC," the CJI said.
On January 26, the Supreme Court had taken the suo motu cognisance of the matter, after an order was passed by Justice Abhijit Gangopadhyay ignoring an order passed by a division bench staying the CBI investigation alleged irregularities in the admission of MBBS candidates in state-run medical colleges and hospitals as "illegal and ignored".
Last week, 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 pr
Initially, the single bench of justice Abhijit Gangopadhyay had directed a CBI probe into the alleged irregularities in the admission of MBBS candidates in medical colleges. Later the division bench of Justices Soumen Sen and Uday Kumar had stayed the single bench's order.
On Januray 25, the single-judge bench of justice Gangopadhyay held that the order passed by the division bench as wholly illegal and had to be ignored. He also accused Justice Sen of misconduct, and possessing political bias and asked how an order could be passed when there was no memo of appeal.
A petition filed in the Calcutta High Court on January 24 has raised concerns about the widespread issuance of fake caste certificates in West Bengal.
(With inputs from agencies)
