A 5-judge bench of the Supreme Court held a special sitting on a Saturday, staying all proceedings before the Calcutta High Court in connection with the fake certificate scam. The controversy surrounding the case reached its pinnacle when Justice Abhijit Gangopadhyay, a single-judge handling a matter, made strong remarks against another High Court judge, Justice Soumen Sen, who was overseeing the appeal against Justice Gangopadhyay's initial order.

The Supreme Court bench, led by Chief Justice of India DY Chandrachud, alongside Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose, took a decisive step by staying the order for a CBI probe issued by Justice Gangopadhyay. Furthermore, the apex court put a halt to all proceedings in the case before both Justice Gangopadhyay and the division bench headed by Justice Soumen Sen, which was handling the appeal against the single-judge's order.

The top court issued notices to the Calcutta High Court and the State of West Bengal. Additionally, the original petitioner was served notice. The Supreme Court directed, "Pending further proceedings, there shall be a stay on all proceedings before the Calcutta High Court before both division bench and the single-judge bench. The implementation of the direction issued by the single judge Justice Abhijit Gangopadhyay directing CBI probe shall remain stayed."

Expressing a firm stance, the apex court orally declared, "We will take charge now," before scheduling the case for further hearing on January 29.

The court initiated a suo motu case stemming from an unusual order by Justice Gangopadhyay, who disregarded a division bench stay order. The crux of the matter revolves around the issuance of fake caste certificates in West Bengal, alleged in a petition before the Calcutta High Court. The certificates, it is claimed, were obtained to secure medical seats. However, the controversy deepened when Justice Gangopadhyay, in defiance of the division bench's stay order, issued an order instructing the West Bengal Police to hand over case-related documents to the CBI.

Subsequently, the Advocate General Kishore Datta brought the matter before a division bench, which promptly stayed Justice Gangopadhyay's order. However, the single-judge revisited the case the same day, ordering the AG to transfer case papers to the CBI, claiming ignorance of the division bench's stay order.

This legal saga continued with the division bench setting aside Justice Gangopadhyay's order, leading to the single-judge questioning the basis of the stay and accusing Justice Sen of being an 'interested party.' Notably, Justice Gangopadhyay went on a personal tirade against Justice Sen, alleging interference in judicial matters for political reasons.

This is not the first time Justice Gangopadhyay has courted controversy. Last year, the Supreme Court had to intervene when he gave an interview regarding Trinamool Congress leader Abhishek Banerjee during a case concerning the politician.

Case: In Re: Orders of Calcutta High Court dated 24.01.2024 and 25.01.2024 and Ancillary Issues.