New Delhi: The Supreme Court on Monday declined to set aside a Calcutta High Court order allowing the CBI and Enforcement Directorate (ED) to question TMC leader MP Abhishek Banerjee in connection with their probe into the West Bengal teacher recruitment scam.
A bench headed by Chief Justice of India D Y Chandrachud and comprising Justice P S Narasimha said: "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…..”.
Additional Solicitor General S V Raju, representing the ED, 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 this is a scam where a large number of genuine teachers were not roped in. Raju stressed that let us assume that the judge, who passed the order, was biased then how can ED be stopped from investigating, and added, “we have inherent powers”.
During the hearing, the Chief Justice observed that it may not be correct to stultify the investigation at this stage and added that the court cannot tell the ED or any investigating agency to probe only some particular facets.
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Senior advocate A M Singhvi, representing Banerjee said this is a matter of liberty and the judge rightly notes that he is not mentioned in the prayer, and the subject matter is the north pole and the ED is doing the south pole. Singhvi said the ED has got no details and, on that basis, they have called him six times - when he was campaigning in remote areas in Darjeeling and also pointed out that his client’s wife has been stopped at the airport.
The bench observed how it can go into the legality of summons issued now. 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 Singhvi. The bench said they have independent power to investigate.
In May this year, the Supreme Court issued notice on Banerjee’s plea against a Calcutta High Court decision refusing to stop the CBI and the ED from questioning him in connection with their probe into the West Bengal teacher recruitment scam. The top court had stayed a part of the High Court order imposing Rs 25 lakh costs on Banerjee.
Acting Chief Justice of the Calcutta High Court T.S. Sivagnanam reassigned the case to a new bench on May 2. The order was passed after the apex court direction to the HC to reassign the case to another Bench. In April, the apex 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.
