38.6c New Delhi, India, Thursday, May 23, 2024

Supreme Court Refuses to Halt Probe Against West Bengal CM's Nephew in Teachers' Scam

By LawStreet News Network      10 July, 2023 09:08 PM      0 Comments
Supreme Court Refuses to Halt Probe Against West Bengal CM's Nephew in Teachers' Scam

NEW DELHI: The Supreme Court on Monday declined to set aside a Calcutta High Court order allowing the CBI and Enforcement Directorate to question TMC MP Abhishek Banerjee in connection with their probe into the West Bengal teachers' recruitment scam.

A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha, however, clarified that Banerjee, nephew of West Bengal Chief Minister Mamata Banerjee can pursue his legal remedies, including quashing the probe.

"At this stage, we are not inclined to interfere with the order as the consequence of doing so would be to stifle the investigation at the incipient stage. Having said this, we leave it open to the petitioner to pursue all remedies which are available in law,” the bench said in its order.

Appearing for the central agencies, Additional Solicitor General S V Raju submitted that they have found Rs 350 crores so far in the primary school teacher recruitment scam and when Abhishek is summoned, he must co-operate and obey and this is a scam where a large number of genuine teachers were deprived of the job.

He said that even if it is assumed that the judge, who passed the order, was biased then also how the ED can be stopped from investigating.

The bench also agreed that it may not be correct to stultify the investigation at this stage as the court cannot tell the ED or any investigating agency to probe only some particular facets.

Arguing the matter for the Banerjee, senior advocate A M Singhvi questioned the validity of the High Court's order. He said the ED has called him six times even at the timez when he was campaigning in remote areas in Darjeeling. His client’s wife and children were stopped from boarding a plane at the airport, he contended.

The bench, however, said it can't go into legality of summons issued against him.

"You are saying ED has gone beyond what the high court had ruled but does that preclude the ED from looking into other facets," the bench asked the counsel, saying the agency has independent power to investigate.

The court also noted the single judge had already applied her mind into the matter, and it would not be appropriate to interfere into the order.

In May this year, the Supreme Court had issued notice to the ED on Banerjee’s plea against a Calcutta High Court's order refusing to stop the CBI and the ED from questioning him in connection with their probe into the West Bengal teacher recruitment scam.

The court, however, had stayed the part of the high court order, which imposed Rs 25 lakh costs on Banerjee.

Acting Chief Justice of the Calcutta High Court T S Sivagnanam had reassigned the case to a new bench on May 2.

This has come after the apex court directed to the high court to reassign the case to another bench. In April, the Supreme Court had intervened when Banerjee complained to it about an interview given by the earlier presiding judge, Justice Abhijit Gangopadhyay, in which the latter made comments about the sub judice case, pending before him.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
Supreme Court dismisses plea for review of judgment on Article 370 [Read Order]

SC dismisses petitions challenging its ruling on Article 370, affirming the Centre's decision to revoke J&K's special status and create two Union Territories.

22 May, 2024 12:55 PM
Trending Judiciary
Manish Sisodia Bail: Court Cites "Great Betrayal of Democratic Principles" in Liquor Policy Case

Delhi HC rejects Manish Sisodia's bail plea in the liquor policy scam case, calling his conduct a "great betrayal of democratic principles" and a misuse of power.

22 May, 2024 01:11 PM


Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email