Single judge vs division bench: Differences over an order in Calcutta HC take serious turn

Kolkata, Jan 25 – The differences between a division bench and a single judge bench of the Calcutta High Court over a particular order passed by the latter has now taken a serious turn on Thursday .

The matter on Thursday took such a serious turn that the judge of the single judge bench even accused one of the two judges of the division bench of passing a “political-biased” order.

The root of the differences are in an order passed on Wednesday by the single- judge bench of Justice Abhijit Gangopadhyay directing a Central Bureau of Investigation (CBI) probe in a case of the fake caste certificates in admission for medical colleges and hospitals in the state.

The state government, on the same day, approached the division bench of Justice Soumen Sen and Justice Uday Kumar in the matter and the division- bench immediately put a verbal stay on the order of the single- judge bench.

However, in absence of any written order from the division bench on Wednesday, Justice Gangopadhyay asked the CBI to go ahead with the investigation by registering an FIR.

However, on Thursday, when the matter was again referred to the division bench of Justice Sen and Justice Kumar, the latter rejected the FIR. The differences started taking a serious turn from there.

When the information about the rejection of the FIR by the division bench reached the bench of Justice Gangopadhyay, the latter took a strong objection over the development.

Accusing Justice Sen of passing a “politically biased” order, Justice Gangopadhyay also referred to an incident when Justice Sen reportedly called Justice Amrita Sinha to his chamber and gave the latter certain suggestions on the cases related to the school job case in West Bengal which are being heard in her bench.

Justice Sen also reportedly directed Justice Sinha to stop live-streaming of the proceedings of the hearings in her court at that time which took place before the Christmas holidays last month, Justice Gangopadhyay alleged.

He also raised questions why the Chief Justice of India should not initiate impeachment proceedings against Justice Sen.

Justice Gangopadhyay also claimed that despite the apex court of the country directing for the transfer of Justice Sen from the Calcutta High Court almost two years ago, the direction is yet to be implemented.

“I would request the Chief Justice of India to look into the matter. I will also request him to enquire on who played the role behind stalling the transfer,” Justice Gangopadhyay observed.

src/dpb

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