MBBS admissions case: SC takes charge, stays all proceedings in Cal High Court

Kolkata: After an unusual tussle between two benches of the Calcutta High Court over the institution of a CBI investigation into alleged irregularities in the issuance of caste certificates to candidates aspiring for reserved category seats — MBBS candidates in state-run medical colleges and hospitals — the Supreme Court on Saturday said it was taking “charge” and stayed all proceedings at the high court.

The Apex Court had taken suo motu cognizance of an order passed by the Single Bench “overruling” the order passed by a Division Bench in the matter.

A special hearing consisting of a five-judge bench of the Supreme Court presided by Chief Justice of India (CJI) DY Chandrachud took place on Saturday. The matter is scheduled to be next heard on Monday.

The bench had taken suo motu cognizance of an order passed by Justice Abhijit Gangopadhyay on Thursday which called an order by the Division Bench of Justice Soumen Sen illegal and ignored it. Justice Sen had ordered a stay in the Single Bench order by which a probe into the mentioned irregularities was given to CBI.

Justice Abhijit Gandopadhyay had accused Judge Soumen Sen of the Division Bench of pandering to the interests of Bengal’s ruling party to overrule his order for a CBI probe.

“We will stay further proceedings. We are issuing notice to the State of West Bengal and the original petitioner before the HC. We will list the proceeding on Monday again. We will stay all further proceedings in the writ petition and the Letters Patent Appeal and the implementation of the single bench order referring the investigation to CBI,” the bench, also comprising justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose, said.

The top court also allowed the Bengal government to file separately a Special Leave Petition (SLP) against Justice Gangopadhyay’s order for a CBI probe into the alleged irregularities.

Solicitor General Tushar Mehta, representing the CBI, submitted the order of the division bench lacked jurisdiction as it stayed Justice Gangopadhyay’s order without even an appeal memo having been filed.

“I am more concerned about passing of an order without an appeal memo or any impugned order in place. This court had under Article 141 prohibited the same.

I am not here defending either a single judge or division bench order,” Mehta said and sought permission for the CBI to file a note on the issue.

Moreover, it was learnt that senior Advocate Abhishek Manu Singhvi, who is appearing for Trinamool leader Abhishek Banerjee also mentioned that he has been aggrieved with Justice Gangopadhyay’s order as he has been mentioned.

‘Overruling’ the Division Bench order of dismissing CBI probe Justice Gangopadhyay directed the Central agency to register an FIR on Thursday. Justice Gangopadhyay on Wednesday had ordered a CBI probe into the alleged irregularities. Within a few hours, the state moved the Division Bench of Justice Soumen Sen and Justice Uday Kumar and a stay was given verbally.

However, Justice Gangopadhyay directed the CBI to register the FIR as there was no written order. On Thursday morning, the Division Bench dismissed the FIR registered by the CBI. When the matter was again mentioned at the court of Justice Gangopadhyay, he reportedly stated that Justice Sen’s orders are “politically motivated” as almost all of the Single Bench orders are getting stayed by his Division Bench.

Justice Gangopadhyay also alleged that he came to know from Justice Amrita Sinha that Justice Sen had “asked her to dismiss the two primary cases and stop live streaming of the hearings”. Also, Justice Sen reportedly asked Justice Sinha “not to disturb Abhishek Banerjee further”. On Thursday, Justice Gangopadhyay directed the Registrar General to record all of these and send a copy to the Chief Justice of India. WITH AGENCIES INPUTS