Introduction:
In a significant legal development, a 5-judge bench of the Supreme Court has taken charge of a case originating from the Calcutta High Court. The case involves a single bench’s defiance of a stay order by a division bench regarding a CBI investigation into alleged irregularities in medical admissions in West Bengal. The Supreme Court, led by Chief Justice DY Chandrachud, has intervened after a suo motu cognizance on January 26. The unusual circumstances prompted the apex court to stay proceedings and, ultimately, transfer the case to itself.
Arguments of Both Sides:
The State of West Bengal, represented by Senior Advocate Kapil Sibal, expressed concern about the single judge consistently passing similar orders, emphasizing the potential for future defiance of judicial decisions. Sibal submitted a compilation of documents illustrating public meetings and rallies attended by the judge. On the other side, Senior Advocate Dr Abhishek Manu Singhvi, representing TMC MP Abhishek Banerjee, referred to a previous Supreme Court order from April, cautioning against comments that could cast aspersions on the judge.
The court, led by CJI Chandrachud, appealed to lawyers to refrain from making comments that could undermine the dignity of the High Court judge. The Chief Justice emphasized the importance of respecting the Chief Justice of the high court’s powers in allocating cases, urging against arrogating those powers. The State filed a Special Leave Petition challenging the single bench’s order for a CBI investigation, and there were indications of additional petitions highlighting alleged irregularities in medical admissions.
Court’s Judgment:
The 5-judge bench, comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Aniruddha Bose, decided to transfer the matter to the Supreme Court. The proceedings will be listed after three weeks, allowing for a comprehensive examination of the case. CJI Chandrachud, while discouraging comments that could tarnish the judge’s image, emphasized the need to uphold the dignity of the High Court.