Supreme Court’s Special Sitting Today Over Judge vs Judge In Calcutta High Court

The Supreme Court will convene for a special hearing today after it took suo motu cognisance of Calcutta High Court Judge Justice Abhijit Gangopadhyay’s accusation against a colleague.

Five senior judges of the Supreme Court, including Chief Justice DY Chandrachud, will hear the case today at 10:30 am.

In an unprecedented instance, Justice Abhijit Gangopadhyay accused his colleague, Justice Soumen Sen who presided over a division bench that stayed a single-judge order for a CBI probe into medical admission irregularities, of working for a political party. 

This came after Justice Sen stayed an order passed by Justice Gangopadhyay, who had ordered a probe by the Central Bureau of Investigation, or CBI, into allegations of fake caste certificates being issued in Bengal.

However, after his order was stayed by Justice Sen’s division bench, Justice Gangopadhyay took up the matter again and ordered the CBI to take up the investigation.

In his later order, Justice Gangopadhyay not only ignored the Division Bench’s order but also asked for a relook by the Supreme Court into the orders passed by Justice Sen whom he accused of working for a political party.

“Justice Sen is clearly working for some political party in this state. Therefore, if the Honorable Supreme Court thinks so, then there is a need to re-look at the orders passed in cases related to the state. What Justice Sen has done today is to further his personal interest to save some political party in power in this state. Therefore, his actions clearly amount to misconduct,” Justice Gangopadhyay said.

Justice Gangopadhyay also questioned why Justice Sen remained a Calcutta High Court judge despite a Supreme Court Collegium recommending his transfer in 2021.

In his order, Justice Gangopadhyay revealed a purported private chat between judges. He alleged that Justice Sen called Justice Amrita Sinha to his chambers on the last day before the recent court vacation and told her that Abhishek Banerjee has a political future and that he shouldn’t be disturbed. 

Justice Sinha reported the matter to the Chief Justice of Calcutta High Court, who has reported the matter to the Chief Justice of India, Justice Gangopadhyay claimed.

Justice Abhijeet Gangopadhyay has been pulled up earlier by the Supreme Court for speaking to the press on cases he was hearing.

He has often made statements that have been interpreted as political. Most of these statements have been perceived to be against the ruling Trinamool Congress in the state. The TMC demanded he should step down from the judiciary to join politics instead.