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regular-article-logo Saturday, 11 May 2024

Calcutta High Court: Abhishek Banerje to file plea in teacher case 

Justice Amrita Sinha said unless and until Abhishek included himself in case he can’t seek stay on Justice Gangopadhyay’s order

Tapas Ghosh Calcutta Published 09.05.23, 06:15 AM
Abhishek Banerjee

Abhishek Banerjee File picture

Justice Amrita Sinha, assigned two cases of Justice Abhijit Gangopadhyay by acting Chief Justice T.S. Sivagnanam of Calcutta High Court following a Supreme Court order, gave Trinamul leader Abhishek Banerjee time till May 12 to file an application to become a party to the case related to the alleged scam in the recruitment of primary school teachers.

Justice Sinha said unless and until Abhishek included himself in the case he can’t seek a stay on Justice Gangopadhyay’s order asking the ED and the CBI to interrogate him.

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Abhishek’s counsel argued in court on Monday that since his client was not given a chance to defend himself by Justice Gangopadhyay, he should have the opportunity to be heard by Justice Sinha.

During the course of the hearing, Justice Sinha asked Abhishek’s lawyer why his client was not ready to face interrogation and why it was necessary for the court to add him as a party to the case.

Justice Sinha pointed out that during the course of the probe, investigators could interrogate any person. But Abhishek’s lawyer clarified that his client had moved the Supreme Court against the order passed by Justice Gangopadhyay. The apex court had directed Calcutta High Court’s acting Chief Justice to transfer the case from Justice Gangopadhyay’s court to any other court.

Abhishek’s counsel claimed that since the apex court did not pass any stay on the order of Justice Gangopadhyay but asked for the transfer of the cases to another court, it should be presumed that the court assigned to hear the cases now would hear Abhishek and then pass an order.

Justice Sinha accepted the plea of Abhishek’s counsel and asked him to file an application by May 12 to add him to the main case.

Kuntal Ghosh, a youth Trinamul leader arrested in connection with the school recruitment scam, had alleged that ED officers were forcing him to name Abhishek in the case. Following that, Justice Gangopadhyay ordered the ED to interrogate Abhishek.

SIT member

A prayer was made on behalf of the CBI before Justice Amrita Sinha to change a member of SIT formed to probe the alleged school recruitment scam.

The CBI counsel on Monday said that SP CBI, Dharamvir Singh, one of the members of SIT, prayed for voluntary retirement on personal grounds, and requested that SP CBI Kalyan Bhattacharya be pit in Singh’s place. Justice Sinha granted it.

Municipal case

Justice Amrita Sinha of Calcutta High Court on Monday heard the petition by state municipal affairs and urban development departments seeking quashing of the order issued by Justice Abhijit Gangopadhyay that allowed the CBI and the ED to start a probe into charges of illegal hiring in various municipalities in Bengal.

Justice Gangopadhyay’s order followed a plea by the CBI and ED that during a raid on the residence of Ayan Sil, arrested in the school recruitment scam, documents were found indicating a scam in the appointment of employees in various municipalities.

Advocate-general S.N. Mukherjee said the departments of urban development and municipal affairs were not heard before the order was issued. The CBI counsels claimed they served notices to the government pleader before the court passed its order.

Justice Sinha said she would pass her judgment later.

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