New Delhi: The Supreme Court on Monday transferred to itself all proceedings before Calcutta High Court, in connection with a fake caste certificate scam in admissions to medical colleges, which led to unsavoury spat between two judges of the High Court.
A five-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Aniruddha Bose, said: "We will transfer the proceedings in writ petition and Letter Patent Appeal to this court”.
The top court directed the West Bengal government to file status of the probe launched by the state police with regard to alleged fake SC/ST certificates used for admission to MBBS admission in the state.
Solicitor General Tushar Mehta, representing the Centre, submitted that there are shocking facts in the matter which would be brought before this court. Senior advocate Maninder Singh, representing an ST/ST association, submitted that out of 52 certificates, 14 were found to be fake. "We want to know the status of the probe conducted in FIRs," the bench told the West Bengal counsel.
Senior advocate Kapil Sibal, representing the West Bengal government, submitted that the single judge continued to take up these matters and further added that the judge would do so in future.
"Let us not cast aspersions...after all we are dealing with a High Court judge...”, said the bench. "Anything we say here should not impinge upon the dignity of the High Court," added the bench.
Senior A M Singhvi, representing TMC MP Abhishek Banerjee, contended the Supreme Court's caution while withdrawing a recruitment scam case from Justice Gangopadhyay's court earlier did not have the desired effect.
"Let's not arrogate to ourselves the power of the High Court, the Chief Justice is in charge," the bench said. Singhvi said the judge continued to make observations. Sibal said so far 10 FIRs have been lodged by the state police in 14 cases. After hearing submissions, the apex court asked all the parties to file their pleadings within three weeks.
On Saturday, the Supreme Court had stayed all proceedings before the single judge and division bench of Calcutta High Court in connection with caste certificate scam, which saw unsavoury sparring between the judges. The top court also stayed a single judge's order directing CBI probe into the alleged scam and scheduled the matter for further hearing on Monday.
A single judge bench of Justice Abhijit Gangopadhyay had declared a division bench's order illegal. The unprecedented development took place after the larger bench stayed Justice Gangopadhyay's direction for a CBI probe into irregularities into MBBS admissions in West Bengal.
