The Supreme Court has upheld the decision of the Calcutta High Court to allow the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to continue their probe into the West Bengal school jobs for cash scam case involving Abhishek Banerjee, the national general secretary of the All India Trinamool Congress (AITMC). The Supreme Court refused to interfere with the High Court's decision, stating that preventing the investigation at this stage would stifle its progress. However, the Court set aside the ₹25 lakh costs imposed on Banerjee by the High Court, clarifying that it should not be seen as an expression on the merits of the High Court judge's approach.
The Supreme Court bench, comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha, agreed with the High Court's conclusion that it did not have the authority to issue a direction preventing the investigation. The Court emphasized that Banerjee can pursue other remedies, including the option under Section 482 of the Code of Criminal Procedure (CrPC), while leaving it open for him to do so.
During the hearing, senior advocate Abhishek Manu Singhvi, representing Banerjee, argued that there were errors in the order and expressed concerns about the ED's actions based on an allegation made by a judge. Additional Solicitor General SV Raju informed the Court that ₹350 crores had been discovered in the primary school teacher recruitment scam and urged Banerjee to cooperate with the investigation.
The Supreme Court observed that it would not be appropriate to stifle the investigation at this stage, recognizing the ED's independent powers to investigate various aspects of the case. The Court clarified that the High Court's observations would not hinder Banerjee if he chooses to pursue other remedies.
The case originated from a plea by the ED seeking protection from action by the State Police after allegations were made by one of the accused, Kuntal Ghosh, claiming torture and coercion by the agency to implicate Banerjee. Justice Abhijit Gangopadhyay of the Calcutta High Court had ordered a CBI and ED probe into Banerjee's alleged involvement in the scam. The matter was later transferred to Justice Amrita Sinha, who dismissed Banerjee and Ghosh's applications to recall the order and imposed costs of ₹25 lakh on both of them. Justice Sinha also criticized the slow pace of the investigations by the central agencies in her order.
TAGS: Supreme Court Central Bureau of Investigation (CBI) Enforcement Directorate (ED) All India Trinamool Congress (AITMC) Abhishek Banerjee West Bengal school jobs for cash scam case probe Calcutta High Court recall order costs Chief Justice of India DY Chandrachud Justice PS Narasimha investigation Section 482 of the Code of Criminal Procedure (CrPC) Senior Advocate Abhishek Manu Singhvi errors in the order Additional Solicitor General SV Raju ₹350 crores primary school teacher recruitment scam cooperation inherent powers Justice Abhijit Gangopadhyay Justice Amrita Sinha allegations Kuntal Ghosh slow pace of investigations.
