In the instant matter Abhishek Banerjee, a leader of the Trinamool Congress and a member of parliament, filed a petition against the decision of the Calcutta High Court, which denied his request to quash the decision of a single judge bench authorising the CBI and Directorate of Enforcement to question him regarding the teacher recruitment scam and fining him Rs. 25 lakhs.
Analysis of SC verdict
The Supreme Court Chief Justice DY Chandrachud and Justice PS Narasimha’s division bench stated that the High Court had duly applied its mind about the necessity for investigation while refusing to interfere with the direction since it would hinder the probe while it was still in its early stages. Remove the additional 25 lakh rupee fine imposed on Abhishek Banerjee.
In addition, the Court stated that Abhishek Banerjee is free to pursue any legal remedies, including the one provided for by Section 482 of the Code of Criminal Procedure, 1973, given that the earlier order from April 13 was issued while the Court was exercising its suo motu jurisdiction over petitions filed in the public interest. Therefore, if he seeks out any legal remedies, the remarks made in the decision from April 13 or the challenged order from May 18 should not prevent him from doing so.