Abhishek Banerjee vs judge sparring reaches SC

Wednesday 14th February 2024 06:51 EST

New Delhi: Supreme Court questioned Trinamool Congress leader Abhishek Banerjee on his request to transfer the teacher recruitment scam case allegedly involving him from Justice Amrita Sinha of Calcutta HC to another judge of the court. “Why should the proceedings before Justice Sinha be shifted to another judge because of a colleague judge’s remarks?” asked CJI D Y Chandrachud while hearing the matter along with Justices Manoj Misra and Satish Chandra Sharma.

Banerjee had moved SC to restrain Justice Abhijit Gangopadhyay from making “baseless remarks prejudicial to him” and sought shifting of the case from Justice Sinha to another judge.

Senior advocate A M Singhvi, appearing for Banerjee, said the judge had given 5 interviews against the leader, despite him not being connected to any of the scam-related proceedings pending in HC. Singhvi said since Justice Gangopadhyay had alleged that Justice Soumen Sen had attempted to influence Justice Sinha, the petition pending before her should be entrusted to another judge for fair and unbiased proceedings.

CJI said Banerjee’s petition at best could be tagged with pending proceedings the court launched suo motu following the spat between Justice Gangopadhyay and Justice Sinha. His plea, filed through advocate Srisatya Mohanty, said Justice Gangopadhyay’s remarks, widely covered by media, violated his right to privacy & prejudiced public against him ahead of LS polls.

The clutch of relief sought included an omnibus direction that Justice Gangopadhyay’s remarks would not prejudice him in judicial proceedings or probe by ED and CBI; suitable action against the judge; direction to Calcutta HC to restrain judges from making adverse comments about any sub judice case or parties involved therein.

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