SC stays proceedings before Cal HC benches amid tussle

The Supreme Court on Saturday stepped in and halted all proceedings in a case involving the Central Bureau of Investigation (CBI) and the Bengal government that had brought two benches of the Calcutta high court into an unprecedented confrontation.

- Utkarsh Anand

Highlighting that the turn of events warranted its intervention with a special five-judge bench sitting on a weekend, the court put in abeyance the direction issued by the single-judge bench of justice Abhijit Gangopadhyay for an investigation by the CBI into an alleged fake caste certificate scam, which was made despite the division bench led by justice Soumen Sen annulling the probe order.

“We have taken charge now...this order will suffice the interest of justice for the time being,” said the bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, as it took up the proceedings drawn on its own motion in the special hearing.

The bench, which also comprised the four most senior judges – justices Sanjiv Khanna, Bhushan R Gavai, Surya Kant and Aniruddha Bose, issued notices to the West Bengal government and the CBI, seeking their replies by January 29 when the court will hear the matter again.

“Pending further orders of this court, there shall be a stay of all proceedings in the writ petition pending before the single judge and the appeal pending before the division bench in the Calcutta high court. The implementation of the direction by single judge on January 24 and 25 shall also remain stayed,” stated the bench in its order.

It also issued notice to the writ petitioner before the high court on whose plea the single judge had on January 24 directed the CBI to investigate the alleged scam. This order, however, sparked an unparallel judicial drama that not only left the state government and the CBI in a tizzy over contradictory orders but also saw the single judge hurling allegations of political influence at the judge leading the division bench.