The Supreme Court on Friday asked the Chief Justice of Calcutta High Court to assign the recruitment scam in government schools in West Bengal to some other judge, instead of Justice Abhijit Gangopadhyay, who heard the matter so far in view of his interview to a news channel.
In a special sitting, the top court also stayed the judge's order, passed during the day, directing the Supreme Court's Secretary General to furnish records submitted on behalf of the High Court with regard to his interview, saying such an order ought not to have been passed.
Justice Gangopadhyay had reportedly spoken about TMC MP and West Bengal CM Mamata Banerjee's nephew, Abhishek Banerjee, who was directed to be quizzed by the CBI and ED by him.
Within hours of the top court's order, Justice Gangopadhyay himself registered a case as "In Re: The Court on its own motion" and directed the Supreme Court's Secretary General to produce before him transcripts of the translation of his interview to a TV Channel furnished before the top court.
"I direct the Secretary General of the Supreme Court to produce before me the report and the official translation of the interview given by me in media and the affidavit of the Registrar General of this Court," the judge wrote in his two-page order.
He also said this was necessary for the sake of transparency.
Following this, a bench of Justices A S Bopanna and Hima Kohli was set up to take up the matter in a special sitting after 8 pm.
The bench stayed Justice Gangopadhyay's order. Solicitor General Tushar Mehta asked the court to stay the order, saying the judge ought not to have passed this order. "It is unfortunate that this order was passed," he submitted.
During the day, acting on a plea by Banerjee, a bench of Chief Justice D Y Chandrachud and P S Narasimha ordered the matter should be reassigned to some other judge after going through a report from the Calcutta HC's registrar general, which authenticated the interview, given by the judge to ABP Ananda.
Solicitor General Tushar Mehta, appearing for the probe agencies, however, contended that the top court should ensure the judges were not targetted and browbeaten, whenever an order went against an individual.
"Before Justice Gangopadhyay, there was another judge. People went with paperweights and slippers. Posters were made. This sends a demoralising message to the judiciary. Please say something which doesn't have a demoralising effect. They go to courtrooms, and abuse judges. There are videos," he said.
On this, the bench clarified, "Judges take on very arduous duty. The only reason we are asking for the case to be reassigned is because of the transcript. They can't say in the public realm that the judge was biased... You're right, no judges should be browbeaten."
The CJI assured that he would take up on the administrative side if any such incidents are brought to his knowledge.
Before the top court, TMC general secretary, Banerjee questioned the validity of the HC's order allowing the CBI and ED to question him in the scam. He referred to the interview of Justice Gangopadhyay to the TV news channel.
On April 24, the top court had said that judges have no business giving interviews to news channels on matters pending before them.
The petitioner had challenged the high court's order of April 13 allowing his questioning by the CBI and the ED.
On April 17, the top court had stayed the HC's order passed in the multi-crore scam in the recruitment of teaching and non-teaching staff in state-run schools in West Bengal.