SC orders transfer of Abhishek Banerjee's case from Justice Abhijit Gangopadhyay

New Delhi, April 28 (IANS) The Supreme Court on Friday ordered proceedings pending before Calcutta High Court judge Justice Abhijit Gangopadhyay against Trinamool Congress leader Abhishek Banerjee, in connection with the multi-crore scam in the recruitment of teaching and non-teaching staff in state-run schools in West Bengal, be transferred to some other judge.

A bench comprising Chief Justice of India D.Y. Chandrachud and P.S. Narasimha said it has considered the transcript of the interview, and the transcript has been authenticated by the interpreting officer on the original side of the high court. The bench said, "we direct the Chief Justice shall reassign the pending proceedings in the case to some other judge of the Calcutta High Court."

During the hearing, Solicitor General Tushar Mehta submitted that this isn't a first and there have been instances in the past when other judges in the Calcutta High Court were also targeted after they passed orders against a particular political dispensation and certain persons. Mehta urged the Chief Justice to protect high court judges in Calcutta.

Senior advocate Ranjit Kumar contended that any judge who is anywhere in the country should not feel that he is being cowed down.

Mehta said please say something so that there is no demoralizing effect, so that judges are not cowed down by people barging into courtrooms and abusing them.

The Chief Justice said, "You are correct, there should be no effort to browbeat the judges and if we come across that then we will take action on the administrative side," and added that the court is only reassigning the case due to the transcript of the interview.

The top court said the judge to whom proceedings are reassigned would be at liberty to take up all applications moved in that regard.

The top court passed the order on a plea by Banerjee against the High Court's order allowing his questioning by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

On April 24, the top court said that judges have no business granting interviews to news channels on matters pending before them.

The court took strong exception to sitting Calcutta High Court judge Justice Abhijit Gangopadhyay's interview to a news channel in connection with Trinamool Congress (TMC) leader Abhishek Banerjee, even as a case concerning Banerjee was being heard by him.

The Chief Justice said, "judges have no business granting interviews to television or whatever channels on matters which are pending before them". Justice Narasimha said, "how can they, given an interview..."