SC Notice on Banerjee's Plea: The Supreme Court issued notice on plea filed by Abhishek Banerjee, in the "Teacher Recruitment Scam"

SC Notice on Banerjee's Plea: The Supreme Court issued notice on plea filed by Abhishek Banerjee, in the "Teacher Recruitment Scam"

Abhishek Banerjee, a Trinamool Congress leader and Member of Parliament (MP), who filed a special leave petition in the Supreme Court against the Calcutta High Court's order. The Calcutta High Court had dismissed Banerjee's plea to recall an order allowing the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to interrogate him in the West Bengal School Job Scam case. Here are the key points:

  1. Notice and Stay: The Supreme Court has issued a notice on Abhishek Banerjee's plea and stayed the direction of the Calcutta High Court, which had imposed a cost of Rs 25 lakhs on him for filing the recall application.

  2. Vacation Bench: The matter was heard before a vacation bench comprising Justice JK Maheshwari and Justice PS Narasimha.

  3. Argument by Abhishek Manu Singhvi: Senior Advocate Dr. Abhishek Manu Singhvi, representing Banerjee, argued that the Supreme Court had directed the case to be reassigned from Justice Abhijit Gangopadhyay's bench due to a television interview given by the judge on the sub-judice case. Singhvi contended that the new bench, headed by Justice Amrita Sinha, was supposed to examine the matter afresh, but this was not done. He further stated that Banerjee had no connection to the batch of cases related to the recruitment scam.

  4. Argument by Additional Solicitor General: Additional Solicitor General SV Raju, appearing for the Enforcement Directorate, asserted that the order only allowed the CBI and ED to interrogate Banerjee. He argued that the ED's power of investigation is unfettered and cannot be usurped.

  5. Notice and Postponement: The Supreme Court has issued notice on Banerjee's plea and decided to post the matter after the vacation period.

Background:

The Calcutta High Court had dismissed Banerjee's plea, stating that as a high-ranking member of the ruling political party, he should not evade the investigation process in the West Bengal School Job Scam case. The court criticized Banerjee for opposing the investigation and suggested that he should subject himself to the scrutiny to clear his name. The court also observed that the state machinery, including the police, appeared to support the accused.

Justice Abhijit Gangopadhyay had ordered the ED and CBI to question both Banerjee and Kuntal Ghosh in relation to alleged irregularities in the recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided schools. The judge took into account a letter written by expelled Trinamool leader Kuntal Ghosh, claiming that he was being pressured to implicate Banerjee in the recruitment scam. Banerjee, in one of his public speeches, had also claimed that incarcerated individuals were being coerced to implicate him in the case. The Supreme Court briefly stayed the April 13 order on April 17 and later directed the Acting Chief Justice of the Calcutta High Court to reassign the matter to another judge on April 28.

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