School jobs scam: SC says Judge has no business to give interview about pending cases, seeks report

 Apex court observation vindicates our stand: TMC

PTI, New Delhi, Apr 24, 2023 :  The Supreme Court on Monday sought a report within four days from the Registrar General of the Calcutta High Court whether Justice Abhijit Gangopadhyay gave an interview to a news channel about the pending case related to the sensational school job-for-bribe case in West Bengal.

A bench comprising Chief Justice D Y Chandachud and Justice P S Narasimha took strong note of the purported interview given by Justice Gangopadhyay to a news channel allegedly about the case, and said “A judge has no business to give an interview about pending cases.” The bench asked the Registrar General of the high court to file a report after taking instruction of the judge on or before Thursday and fixed the plea of TMC leader Abhishek Banerjee for hearing a day after that.

On April 17, the top court had stayed the Calcutta High Court’s April 13 order directing the CBI and the Enforcement Directorate to interrogate Banerjee and Kuntal Ghosh, an accused in the case, and file a report based on that.

Prior to this, a single judge bench of the Calcutta High Court of Justice Gangopadhyay had also directed the West Bengal Police not to lodge any FIR against CBI and Enforcement Directorate officers probing the alleged scam.

The high court had taken note of the public speech of Abhishek Banerjee, nephew of Chief Minister Mamata Banerjee, in which he had purportedly said that Ghosh, an accused in the case, was being pressured by central probe agencies to name him in the case.

Observing   that   judges   have   no business  granting  interviews  on pending matters, the Supreme Court on Monday sought a report within four days from the Registrar General of   the   Calcutta   High   Court   on whether Justice Abhijit Gangopadhyay gave  an interview to a news channel about the case related to the school job-for-bribe case in West Bengal. 

"I just want to say it  that  judges  have  no  business granting interviews on matters which are  pending,"  Chief  Justice  D  Y Chandachud, sharing a bench with Justice P S Narasimha, said while taking strong note of the purported interview given by Justice Gangopadhyay to a news channel  about the case.

"The petitioner (TMC leader   Abhishek   Banerjee)   has annexed a translated transcript of an interview of Justice Abhijit Gangopadhyay on a TV Channel ABP Ananda. The Registrar General of Calcutta High Court is directed to clarify  from  the  judge  as  to whether he had      been interviewed by... of  the news channel. 

The Registrar General is directed to file his affidavit before this court on or before Thursday.  We  will  list  it  on Friday," the bench said. The apex court said it's order will not  come  in  the  way  of  the ongoing investigation by the CBI   and   the   Enforcement Directorate (ED) in the alleged scam.    On    being    told    by Additional Solicitor General SV   Raju,   appearing   for   the central probe agencies, that this may lead to stalling of the ongoing probe, the bench said the judge should not be  giving  an  interview  about  the pending case that is before the single judge    bench.    

Senior Advocate Abhishek Manu Singhvi, appearing for Banerjee, referred to the translated transcription of the interview given by Justice Gangopadhyay in which he allegedly spoke against the TMC MP and party general secretary. 

"With the greatest respect and humility, this just cannot be done," the senior lawyer said. On being    told    that    the    purported interview was there on social media, the bench said it wanted the Registrar General to file an affidavit to this effect and, at the moment, it was not getting into the merits of the case."

I just want to say that judges have no business granting  interviews  on matters which are pending. If he said that about the petitioner, he has no business participating in the proceedings. The question is whether a judge who has made statements like these about a political personality should be allowed to participate in the hearings.  There  has  to  be  some process," the CJI orally observed. The CJI said the judge should have recused himself  and paved way for setting up another bench by the Chief Justice of the High Court. On April 17, the apex court had stayed the Calcutta High Court's April 13 order directing the CBI and the Enforcement Directorate to interrogate Banerjee and Kuntal Ghosh, an accused in the case, and file a report in HC based on that. 

Prior to this, the single judge bench of the Calcutta High Court of Justice Gangopadhyay had also directed the West Bengal Police not to lodge any FIR against CBI and  Enforcement Directorate   officers   probing   the alleged scam. The Supreme Court had taken the TMC leader's plea for urgent hearing after Singhvi mentioned it.

"List the petition on April 24, 2023. Till the next date of listing, there shall bea stay of all the directions against the petitioner (Banerjee) in pursuance tothe   directions   contained   in   the impugned order of the single judge bench of the High Court on April 13,"the apex court had said. The High Court had taken note of the March 29public speech of Abhishek Banerjee, a nephew of chief minister Mamata Banerjee,     in     which     he     had purportedly  said  that  Ghosh,  an accused   in   the   case,   was   being pressured   by   the   central   probe agencies to name him in the case. Kuntal Ghosh, an accused in the school jobs scam case currently lodged in custody, had also soon after alleged that  he  was  being  pressured  by

investigators to allege the complicity of Banerjee, TMC's unofficial number two. Singhvi had also referred to the high court order which said no police station in the state shall lodge any FIR against the CBI and ED officers probing the recruitment scam. The Calcutta High Court had on April 13 passed a slew of directions asking the police not to lodge FIRs on complaints against officers   of   the   CBI   or   the   ED investigating the alleged recruitment scam related to the West Bengal Central School Service Commission and the West   Bengal   Board   of    Primary Education without its permission. It had  asked  the  central  agencies  to probe the role of Banerjee, saying such an "interrogation should be made soon".

The High Court was hearing a petition related to alleged irregularities in recruitment  of  teaching  and  non-teaching    staff     in    West    Bengal government-sponsored   and aided schools. The High Court had said that Ghosh could also be questioned soon by the central agencies along with Banerjee. 

TMC spokesperson Kunal Ghosh on Monday tweeted that the Supreme Court had sought a report from the Calcutta High Court's Registrar General on whether Justice Abhijit Gangopadhyay gave an interview to a news channel allegedly about a case pending before him, and commented in Bengali "this is what we have been saying for so long.

" The BJP, however, said TMC should not feel elated over a purely judicial matter as the ongoing probe into the school job scam is in progress. Ghosh tweeted in English "AB's matter in SC: direction given to Registrar, HC to verify from Abhijit Ganguly if he has given an interview to TV and file an affidavit by Friday. SC Observed that if he has given interview regarding pending matter before him, he has no right to continue hearing the same. "Another tweet of Ghosh in Bengali said: "We have been already flagging the same issue."        

BJP state spokesperson Samik Bhattacharya said the apex court has made certain observations which should not make Ghosh, the Trinamool Congress state general secretary, "euphoric as less than 20 per cent of the mountain of corruption  in  TMC  rule"  has  been exposed. 

The High Court was hearing a petition related to alleged irregularities in recruitment   of teaching and non-teaching staff in West Bengal government-sponsored and aided schools.