NEW DELHI: The Supreme Court on Monday said that sitting judges have no business giving interviews to news channels on matters pending before them.
A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha came down heavily upon a sitting Calcutta High Court judge, Justice Abhijit Gangopadhyay for giving interview to a news channel, ABP Ananda in connection with Trinamool Congress leader Abhishek Banerjee, even though a case concerning the politician was being heard by the judge.
"Judges have no business to be granting interviews to television or whatever channels on matters which are pending before them," the bench said.
Taking up Banerjee's plea, the bench asked, "How can they give an interview?"
"The judge is speaking about the petitioner in these terms in the interview, he is clearly disabled from participating anymore," the bench added.
The court said if the judge concerned have given an interview, he could not hear the case concerned.
The bench sought a report from the Calcutta High Court, saying the Registrar General of high court is directed to personally verify from the judge as to whether he had been interviewed and, in that event, clarify.
The court directed the Registrar General to file an affidavit before Friday.
Additional Solicitor General S V Raju, for his part, said it is a huge scam.
The bench, however, clarified that it is not touching the investigation in the scam and the court will not pass any order which will preclude a proper investigation into the case.
"The question is whether, a judge giving an interview and expressing himself about a political personality like this, the chief justice should assign the matter to somebody else. We have told you in advance, why we are concerned about it," the bench told Raju.
Banerjee challenged the high court's order of April 13 for questioning him by the CBI and the ED. The transcript of the judge's interview was submitted to the court.
On April 17, the top court had stayed a Calcutta High Court order permitting the CBI and ED to question Banerjee in the matter of allegations made by expelled youth Trinamool Congress leader Kuntal Ghosh that the central agency sleuths are putting pressure on him to name Banerjee in the multi-crore scam in recruitment of teaching and non-teaching staff in state-run schools in West Bengal.
Justice Gangopadhyay passed the order on April 13 on a plea made by the ED alleging that Ghosh arrested in the primary teachers recruitment scam had made a complaint with the local police against the ED and the CBI officers.
The high court said it is a matter to be enquired and investigated whether Kuntal Ghosh took the cue from the public speech of Abhishek Banerjee for which both of them can be interrogated both by ED and by CBI and such interrogation should be made soon.
The judge had also said if the agencies did not question Banerjee, West Bengal CM Mamata Banerjee's nephew within a short time, it would compelled to pass certain orders, which may be unsavory to them.
