SC takes suo motu cognisance of Calcutta High Court single judge declaring division bench order illegal

New Delhi: The Supreme Court has taken a suo motu cognisance of the Calcutta High Court's single judge bench of Justice Abhijit Gangopadhyay declaring a division bench's order illegal.

The unprecedented development took place after the larger bench stayed Justice Gangopadhyay's direction for a CBI probe into irregularities into MBBS admissions in West Bengal.

A five-judge Constitution bench of Chief Justice of India D Y Chandrachud and Justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose would assemble at 10.30 am on Saturday, a day which is not meant for judicial work.

According to the Supreme Court cause list, the bench would take up the suo motu case registered as 'In Re: Orders of Calcutta High Court Dated 24.01.2024 and 25.01.2024 and Ancillary Issues'.

In an order on January 25, Justice Gangopadhyay had termed the division bench order as illegal. The division bench was headed by Justice Soumen Sen and also comprised by Justice Uday Kumar.

The division bench had on January 24 stayed the direction for CBI probe into the matter and held the state government should be allowed to complete its own investigation into the matter.

Subsequently, on January 25, Justice Gangopadhyay said, "It is clear from the order of the division bench that when it was stayed there was neither any memo of appeal nor any impugned order before the court."

He accused Justice Sen of indulging in "misconduct" saying what he has done is "to advance the cause of his personal interest to save some political party in power in this State".

"No rule has been shown to me that an appeal can be preferred and the order can be passed thereon in this High Court without the impugned order and without the memorandum of appeal," the judge said in the written order.

"I have no other option but to ignore the order of the said Division Bench as the order has been passed in continuation of the illegal appeal void ab initio," he added.