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NEW DELHI: Giving a lesson on judicial propriety to Justice Abhijit Gangopadhyay of the Calcutta high court, the Supreme Court on Monday said that if a judge gives his views to the media on an issue against a political personality, then he is “disabled from hearing a case relating to the matter against the politician”.
Abench of CJI DY Chandrachud and Justice P S Narasimha took exception to Gangopadhyay’s interview to a TVchannel on Trinamool leader Abhishek Banerjee and his subsequent order to the CBI and ED to probe the politician’s alleged role in the irregularities in teachers’ recruitment in West Bengal.
Asking the high court registrar general to ascertain from the judge whether he indeed had given such an interview, the CJI said, “Anyone who understands the tenor of our order will acknowledge that a judge has no business to give a TV interview on a matter pending before him”.
When senior advocate A M Singhvi, appearing for Abhishek Banerjee, said Justice Gangopadhyay’s interview is on YouTube and that there was no need for a verification about the HC judge giving it or not, the CJI said, “Let the judge tell us… If the judge is speaking about the petitioner (Banerjee) in the interview on the issue relating to the matter pending before him, then he is disabled from hearing the matter.”
On the probe into the teachers’ recruitment scam, the CJI-led benchsaid it would not stand in the way of a fair investigation into it. “But can a judge direct an inquiry by the CBI and ED just because a politician gives a speech? There has to be some process which must be followed,” the CJI said.
The Supreme Court had on April 17 stayed till Monday the Apri l 13 order of the Calcutta high court directing the CBI and ED to investigate Banerjee along with Kuntal Ghosh in connection with the alleged irregularities in recruitment of tea chers in West Bengal.
Banerjee in his petitionhad stated that the high court judge took note of his public speech and on April 13 ordered the CBI and ED to investigate him alo ng with Ghosh even though he had no links with the alleged scam.
The SC in its April 17 order had said, “till the next date of hearing (April 24). We stay all action against pet itioner (Banerjee) as per the April 13 order of the high court” shielding the TMC leader from questioning as well as any coercive action from the central probe agencies. It ex tended the protection till Friday, by when the registrar general will file a sealed cover report before the SC.
Abench of CJI DY Chandrachud and Justice P S Narasimha took exception to Gangopadhyay’s interview to a TVchannel on Trinamool leader Abhishek Banerjee and his subsequent order to the CBI and ED to probe the politician’s alleged role in the irregularities in teachers’ recruitment in West Bengal.
Asking the high court registrar general to ascertain from the judge whether he indeed had given such an interview, the CJI said, “Anyone who understands the tenor of our order will acknowledge that a judge has no business to give a TV interview on a matter pending before him”.
When senior advocate A M Singhvi, appearing for Abhishek Banerjee, said Justice Gangopadhyay’s interview is on YouTube and that there was no need for a verification about the HC judge giving it or not, the CJI said, “Let the judge tell us… If the judge is speaking about the petitioner (Banerjee) in the interview on the issue relating to the matter pending before him, then he is disabled from hearing the matter.”
On the probe into the teachers’ recruitment scam, the CJI-led benchsaid it would not stand in the way of a fair investigation into it. “But can a judge direct an inquiry by the CBI and ED just because a politician gives a speech? There has to be some process which must be followed,” the CJI said.
The Supreme Court had on April 17 stayed till Monday the Apri l 13 order of the Calcutta high court directing the CBI and ED to investigate Banerjee along with Kuntal Ghosh in connection with the alleged irregularities in recruitment of tea chers in West Bengal.
Banerjee in his petitionhad stated that the high court judge took note of his public speech and on April 13 ordered the CBI and ED to investigate him alo ng with Ghosh even though he had no links with the alleged scam.
The SC in its April 17 order had said, “till the next date of hearing (April 24). We stay all action against pet itioner (Banerjee) as per the April 13 order of the high court” shielding the TMC leader from questioning as well as any coercive action from the central probe agencies. It ex tended the protection till Friday, by when the registrar general will file a sealed cover report before the SC.
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