Judge vs Judge row : SC transfers to itself case from Calcutta High Court

New Delhi, Jan 29 (UNI) The Supreme Court on Monday transferred to itself the case from the Calcutta High Court in which two judges of the same court were at loggerheads into alleged irregularities in the fake caste certificates scam in medical admissions in the State of West Bengal.

A special five-Judge bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai, Justice Surya Kant, and Justice Aniruddha Bose decided to transfer the matter to the Supreme Court. The matter will be listed after three weeks.

The special bench was formed on Saturday as unusual developments took place after a single-judge bench of the Calcutta High Court defied a stay order passed by a division bench on the CBI investigation.

The fake caste certificate scam case before the High Court became controversial after single-judge Justice Abhijit Gangopadhyay who was hearing the matter, had made very strong remarks against another High Court judge Justice Soumen Sen who was hearing the appeal against Justice Gangopadhyay’s order.

The Apex Court on Saturday had also stayed all proceedings in the case before Justice Gangopadhyay as well as before a division bench headed by Justice Soumen Sen which was hearing the appeal against the single-judge’s order.

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, submitted that the single judge has been passing similar orders, adding that the State has filed a compilation of documents showing public meetings and rallies allegedly attended by the judge.

Senior Advocate Dr. Abhishek Manu Singhvi, appearing for TMC MP Abhishek Banerjee, said that the single judge is continuously passing remarks and reminded the bench about the order passed by the Supreme Court last year in April after the single judge gave a television interview about a sub judice matter.

The CJI appealed to the lawyers to refrain from casting aspersions on the judges and said after all we are dealing with a High Court judge casting aspersions on either judge would be improper…anything we say here shall not impinge on the dignity of the High Court,” the CJI said.

The State has also filed a Special Leave Petition in the Supreme Court challenging the single bench’s order for a CBI investigation. Senior Advocate Maninder Singh, appearing for a federation of SC/ST students, said that they will also be filing a separate petition highlighting the alleged irregularities in medical admissions in the State based on false caste certificates.

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