The Calcutta High Court recently witnessed a spat between a single-judge and a division bench in the case relating to the alleged fake caste certificates scam in West Bengal.At the centre of the controversy is Justice Abhijit Gangopadhyay, a judge who is no stranger to controversy.In his latest order, Justice Gangopadhyay accused his fellow judge - Justice Soumen Sen - of 'clearly acting for some political party in West Bengal.' The single-judge also urged the Supreme Court to look into the orders passed by Justice Sen in matters involving the State.Pertinently, Justice Sen was heading the division bench that stayed Justice Gangopadhyay's order calling for a Central Bureau of Investigation (CBI) probe into the scam, on Wednesday.
However, despite such an order being passed, Justice Gangopadhyay again took up the matter for hearing and eventually passed an order questioning how the division bench headed by Justice Sen could stay his initial order for a CBI probe. In the said order, he asked the CBI to 'ignore' the division bench's order as it was passed in an 'illegally filed appeal.'The judge went on to claim that Justice Sen had 'instructed' Justice Amrita Sinha to drop cases filed against Trinamool Congress (TMC) leader Abhishek Banerjee since he has a 'good political future.'This is not the first time Justice Gangopadhyay has been in the news for the wrong reasons.A High Court judge since May 2018, Justice Gangopadhyay has repeatedly flouted the norms of judicial discipline by ignoring larger bench orders, speaking to TV channels on political issues and even issuing directions to the Supreme Court Registry.Here's a look at some of his most controversial rulings.TV channel interview and orders to Supreme Court Registry.In April 2023, Justice Gangopadhyay, who was then dealing with a batch of petitions regarding the 'School Jobs for Cash Scam,' had given an interview to a local Bengali news channel on the role of TMC leader Abhishek Banerjee in the said scam.The Supreme Court took strong objection to this, observing that sitting judges had no business giving interviews to TV channels.The apex court bench led by Chief Justice of India DY Chandrachud had accordingly called for a report from the Registrar General of the Calcutta High Court verifying whether or not the judge had given an interview. The top court had further made it clear that if Justice Gangopadhyay has actually given an interview, he would not be allowed to continue hearing the petitions.Subsequently, the CJI ordered the Chief Justice of the Calcutta High Court to assign the said matter to another bench.Within a few hours of the top court's order, Justice Gangopadhyay suo motu passed an order directing the Secretary General of the Supreme Court to produce before him the report and official translation of the interview he gave to the Bengali media.As a result of this suo motu order, the Supreme Court had to hold a special late evening sitting only to stay the same. A division bench of Justices AS Bopanna and Hima Kohli also observed that such order was 'against judicial discipline.'On May 13, 2023, Justice Gangopadhyay cancelled the appointments of over 32,000 teachers across the State on the ground that due procedure was not followed.In his order, Justice Gangopadhyay observed,
"A corruption of this magnitude was never known in the State of West Bengal. The former Education Minister, the former President of the Board and a number of middleman through whom the jobs were sold like a commodity are now behind the bars and the CBI and ED investigation is being continued now in full swing."
This order was stayed by a division bench led by Justice Subrata Talukdar. However, the division bench upheld the direction of Justice Gangopadhyay to the West Bengal Board of Primary Education (WBBPE) to conduct fresh recruitment to the said posts.The division bench's order was eventually quashed by the Supreme Court, which opined that the single-judge passed the order without hearing the teachers against whom the order was passed.
'Swayed by emotion'
On September 18, 2023, Justice Gangopadhyay imposed costs of ₹5 lakh on the West Bengal Police's Criminal Investigation Department (CID) for not handing over case papers of an alleged ₹50 crore money laundering case to the CBI and the Enforcement Directorate (ED) as ordered by him earlier."Why CID is so much interested in not handing over the investigation to CBI and ED? Is CID apprehensive of something that will come to light which was guarded by CID from public gaze," the judge had observed.However, a division bench of Justices Sabyasachi Bhattacharyya and Uday Kumar set aside this order on September 23, stating that Justice Gangopadhyay might have 'swayed by emotion.'
"It is evident that the Single Judge was somewhat swayed by emotion in making the said observations, which might have coloured the order dated September 15, 2023... in the circumstances as indicated, the cost of ₹ 5 lakh imposed on the CID ought not to have been imposed and is required to be set aside," the division bench said.
Protecting CBI, ED officers
On September 30 last year, Justice Gangopadhyay summoned West Bengal Law Minister Moloy Ghatak for failing to clear the appointment order of a special judge to hear matters relating to CBI probes.
The judge even slammed special CBI Judge Arpan Chatterjee for passing certain orders against ED and CBI officers. He had also ordered the transfer of Chatterjee, which was recommended earlier that year, to be given immediate effect.
"Whose hand is upon the head of the present CBI Judge (acting) for which transfer of a new inequivalent has not been made?" the judge had remarked in the order.Further, the judge had ordered the State government to make sure that none of its authorities make or entertain any complaint against members of the Special Investigation Team (SIT) probing the School Jobs for Cash Scam.
Taking on the High Court Bar Association
In December 2023, Justice Gangopadhyay ordered the arrest of one Advocate Prosenjit Mukherjee from the courtroom itself. In response, the Calcutta High Court Bar Association requested the Chief Justice of the High Court to withdraw all judicial work from the judge.
Once again, a division bench of Justices Harish Tandon and Hiranmay Bhattacharyya was on hand to do damage control, ordering the lawyer's release after holding a special sitting on a Saturday.
The High Court Bar unofficially boycotted Justice Gangopadhyay's court, prompting him to walk into the bar room and explain the reasons behind passing the order.
Justice Gangopadhyay's latest controversy has invited the attention of the Supreme Court, which sat on a Saturday to stay all proceedings in the caste certificates case. Only time will tell how the apex court will react to this and past indiscretions.
TAGS: Justice Gangopadhyay West Bengal High Court Teacher Appointments Money Laundering Case
