New Delhi: After TMC leader Abhishek Banerjee failed to stall CBI and ED probe into his alleged role in teacher recruitment scam, the West Bengal government failed to convince the Supreme Court for an urgent hearing on its appeal for stay of a Calcutta HC order refusing to halt probes by the central agencies into scams relating to teachers’ recruitment and appointments in municipalities.
West Bengal counsel Sunil Fernandes briefly recounted the recent history of the case - the SC directing shifting of the case from Justice Avijit Gangopadhyay in Calcutta HC to a new judge, the new judge refusing to recall order for probe by CBI/ED into Banerjee’s alleged role in the scam and imposing Rs 25,00,000 cost, the SC staying the cost but the probe, and a division bench of the Calcutta HC rejecting state’s plea for recall of the CBI/ED probe into municipalities recruitment scam.
When a vacation bench of Justices Sudhanshu Dhulia and K V Viswanathan asked what is the urgency, Fernandes said, “The law and order is a state subject. The state needs protection. The petitions seeking stay of CBI and ED investigation required urgent hearing. If these agencies continued any further, then the illegal probes would become a fait accompli.”
Solicitor general Tushar Mehta, who was incidentally present virtually in the courtroom, said he was part of the proceedings during the hearing of appeals filed by Banerjee and said, “It is strange that the state is seeking protection. What protection can the state seek against CBI and ED probe? Can the state get arrested by the agencies? Protection can be sought by accused persons, not the state. ” This led to sharp and few unsavoury exchange of words between Fernandes and the SG indicating the high stakes involved in the case.