Kolkata: Less than a fortnight after Supreme Court directed the removal of Justice Abhijit Gangopadhyay from hearing pleas against Trinamool Congress MP Abhishek Banerjee in school jobs for cash case, the TMC leader was pulled up by a single bench Calcutta High Court, which questioned the rationale of his opposition to be quizzed in the case and asked him to cooperate.
Banerjee earlier opposed an earlier order of the high court by which a Central Bureau of Investigation (CBI) probe was ordered against him in the school jobs for cash case. Justice Abhijit Gangopadhyay, who was hearing petitions related to an alleged scam in the recruitment of teachers in the state, was asked to be replaced by another judge earlier by a bench of the Supreme Court headed by Chief Justice DY Chandrachud took note of a report by the Registrar General of the Calcutta High Court on the interview to a news channel.
On Monday, a single-judge Justice Amrita Sinha observed that Abhishek is not above the law. "You are not above the law, stop being extra-apprehensive," it said. The bench wanted Banerjee to know what was troubling him and why he couldn't cooperate with the probe, as ordered.
"If suppose there is an investigation, why can't you co-operate? What is troubling you? The court has merely ordered for a probe and no one is above an investigation. Let me know what is troubling you? What is the difficulty?" the judge asked advocate Sabyasachi Banerjee, who represented the TMC leader.
The observation was made after advocate Banerjee sought an audience from the bench in the proceedings, wherein the petitioner Soumen Nandy sought to implement the April 13 order passed by Justice Abhijit Gangopadhyay, who had directed the CBI and ED to investigate Abhishek Banerjee's role in the said scam.
Advocate Banerjee urged the bench that since the order in question affects his client, he should be afforded an opportunity to be heard. However, Justice Sinha wasn't impressed with the submission. "All that the person has to do is cooperate with the probe. Please understand, nobody is above the law and not even you. So stop giving too much importance," the judge remarked.
At this, advocate Banerjee submitted that his client apprehends an adverse action. "Stop being extra apprehensive. I see nothing against you at least at this stage. Only a probe is ordered against a speech. Let them proceed. You have no right to be heard at this stage," the judge said.
