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Balanced and fair: SC declines relief to Abhishek Banerjee on plea over HC order
The court, however, stayed the Calcutta High Court order, which imposed a cost of ₹25 lakh on Trinamool Congress leader Abhishek Banerjee.
NEW DELHI: The Supreme Court on Friday declined to cancel the Calcutta high court’s May 18 order allowing the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to probe Trinamool Congress (TMC) leader Abhishek Banerjee in connection with the alleged irregularities in West Bengal’s school teacher recruitment case.
A vacation bench of justices JK Maheshwari and PS Narasimha said the high court order was “balanced and fair” and only stayed the portion that imposed a ₹25 lakh fine on the TMC member of parliament, which the bench found to be “excessive”. The case will be next heard in July.
Banerjee petitioned the Supreme Court against the high court order that refused to recall its previous order that allowed ED to question him in the school recruitment case.
On April 28, the Supreme Court ordered the chief justice of the Calcutta high court to assign Banerjee’s case to a fresh bench since the judge hearing the case gave a TV interview and spoke on politically sensitive cases being adjudicated by his bench. Justice Amrita Sinha, who heard Banerjee’s case afresh, rejected his request on May 18, leading the TMC leader to challenge the order in the top court.
Additional solicitor general (ASG) SV Raju, appearing for ED, opposed Banerjee’s petition, underlining that it had powers to investigate individuals under the Prevention of Money Laundering Act (PMLA). “This power of the ED cannot be usurped. The petition (by Banerjee) seems to suggest that I have no independent right. My right to investigate cannot be fettered with,” Raju said.
Senior lawyer Kapil Sibal, appearing for the West Bengal government, said the state government also intended to file an appeal against the high court order. Banerjee is the nephew of West Bengal chief minister Mamata Banerjee.
Raju appeared to take a swipe at the state rushing to the rescue of a suspect, saying it was a new trend. “A new trend has started with the state coming in matters linked with the accused,” the law officer said, referring to the Chhattisgarh government appearing before the top court in a case linked to the ED investigation into an alleged liquor scam.
The bench noted that its order on April 28 directed the acting chief justice of the high court to assign the case to a new judge after the judge who earlier heard and decided the case on April 13 gave an interview to a news channel where he openly made a statement against Banerjee.
“Every point that we raised has been considered. This order (of May 18) is a balanced and fair order,” the bench said. It, however, stayed the ₹25 lakh fine. “The imposition of fine was not warranted. It is not that the high court cannot impose any cost. But it is certainly in excess.”
Senior advocate Abhishek Manu Singhvi, who appeared for Banerjee, contended that the high court order clearly said that it was not willing to revisit the previous order of April 13 passed by justice Abhijit Gangopadhyay.
“The idea behind the top court sending the matter to another judge was to have a de novo consideration of the entire issue. How does the bench hold res judicata (a legal doctrine that ordinarily bars parties from relitigating issues that were addressed in earlier proceedings).”
The bench responded: “We passed an order to allay your apprehensions. You only wanted your matter to be considered by the high court. Except cost, we are not willing to interfere.”
ED argued that it was not a “simple” matter but a case where a former minister in the state government and his aide were found with ₹50 crore cash. The case relates to the recruitment of teaching staff for government schools despite not qualifying for the jobs.
CBI and ED are probing alleged irregularities in the recruitment of Group C and Group D staff, as well as teachers, in government-sponsored and aided schools on the recommendations of the West Bengal School Service Commission in 2018. Three TMC legislators, including former education minister Partha Chatterjee, have been arrested so far.
